AQUATIC RESOURCES MANAGEMENT BILL 2015

Western Australian Bills

[Index] [Search] [Download] [Related Items] [Help]

This is a Bill, not an Act. For current law, see the Acts databases.

AQUATIC RESOURCES MANAGEMENT BILL 2015

Western Australia Aquatic Resources Management Bill 2015 Contents Part 1 -- Preliminary 1. Short title 2 2. Commencement 2 3. Terms used 2 4. Meaning of aquatic resource 12 5. Meaning of WA waters 12 6. Aboriginal persons not required to hold authorisation in certain circumstances 13 7. Exemptions from Act 13 8. Crown bound 14 Part 2 -- Objects 9. Objects of Act 15 10. Means of achieving objects of Act 15 11. Regard to be had to objects of Act 16 Part 3 -- Managed aquatic resources Division 1 -- Preliminary 12. Terms used 17 Division 2 -- Strategy and planning Subdivision 1 -- Declaration of managed aquatic resources 13. Monitoring aquatic resources 17 14. Declaration of managed aquatic resources 17 Subdivision 2 -- Aquatic resource management strategies 15. Requirement for ARMS 18 16. Content of ARMS 18 17. Draft ARMS 19 18. CEO to consult on proposal for ARMS 20 52--2 page i Aquatic Resources Management Bill 2015 Contents 19. Revision of draft strategy following consultation 21 20. Approval of ARMS 21 21. Amendment and revocation of ARMS 22 22. Regulations for ARMSs 23 Subdivision 3 -- Aquatic resource use plans 23. Terms used 23 24. Minister to make ARUP for managed aquatic resource 23 25. Content of ARUPs 24 26. Method for allocating shares under ARUP 25 27. Form of surety 26 28. Effect of ARUP on management plans and regulations 26 29. Effect of revocation of ARMS 26 30. Regulations for ARUPs 26 31. Contravening ARUP or regulations relating to ARUPs 27 Division 3 -- Administrative matters for managed aquatic resources Subdivision 1 -- Preliminary 32. Terms used 28 33. CEO to notify TAC and catch 28 Subdivision 2 -- Commercial fishing 34. Allocation of resource shares 29 35. Nature of resource shares 30 36. Transfer of resource shares 30 37. Registration of catch entitlement 31 38. Transfer of catch entitlement 32 39. Provision of surety for authorisation 32 40. Registration of surety 34 41. Return or substitution of surety for authorisation 34 42. Grant of share options 36 43. Notice of entitlement to convert share options 36 Subdivision 3 -- Recreational fishing 44. Term used: recreational TAC 37 45. Monitoring usage of recreational TAC 37 46. CEO to notify overuse of TAC for recreational fishing 37 page ii Aquatic Resources Management Bill 2015 Contents 47. Minister may arrange allocation of excess recreational TAC 38 48. Increase of TAC for recreational fishing 39 Division 4 -- Offences relating to managed aquatic resources 49. Contravening condition of authorisation relating to managed aquatic resources 39 50. Court to order forfeiture of surety for authorisation 40 Part 4 -- Management of fisheries Division 1 -- Preliminary 51. Terms used 43 Division 2 -- Administrative matters relating to management of fisheries 52. Application for grant, renewal, variation or transfer of managed fishery licence or entitlement 43 53. Further information 44 54. Grant of managed fishery licence 44 55. Form of managed fishery licence 44 56. Effect of managed fishery licence 45 57. Duration of managed fishery licence 45 58. Renewal of managed fishery licence 46 59. Conditions on managed fishery licence 47 60. Transfer of managed fishery licence and entitlement 48 61. Other licences do not authorise fishing in fishery 49 62. Grant or renewal of managed fishery licence in certain marine reserves 49 63. Managed fishery licence is subject to restrictions in relation to certain marine reserves 50 Division 3 -- Offences 64. Contravening management plan 50 65. Contravening condition of managed fishery licence 51 66. Court to order reduction of entitlement in certain circumstances 52 Part 5 -- Aquaculture Division 1 -- Preliminary 67. Terms used 54 page iii Aquatic Resources Management Bill 2015 Contents 68. Relationship between aquaculture licence and aquaculture lease 54 Division 2 -- Managing aquaculture 69. Undertaking aquaculture without authorisation 55 70. Regulations about aquaculture 56 71. CEO's powers to reduce risk of accidental introduction of declared organisms into WA waters 56 Division 3 -- Developing aquaculture 72. Minister may declare zones for aquaculture 57 73. Minister may offer area in aquaculture zone for lease 57 74. Minister's powers as to aquaculture facilities 57 Division 4 -- Aquaculture licences 75. Application for grant or renewal of aquaculture licence 59 76. Further information 60 77. Grant of aquaculture licence 61 78. Form of aquaculture licence 62 79. CEO to publish notice of certain decisions relating to aquaculture licences 62 80. Effect of aquaculture licence 62 81. Duration of aquaculture licence 63 82. Renewal of aquaculture licence 63 83. Conditions on aquaculture licences 63 84. Transfer of aquaculture licence 64 85. Grant or renewal of aquaculture licence in certain marine reserves 65 86. Contravening aquaculture licence 66 87. Temporary aquaculture permits 66 Division 5 -- Aquaculture leases 88. Grant or renewal of aquaculture lease 67 89. Effect of aquaculture lease 68 90. Duration of aquaculture lease 68 91. Conditions of aquaculture lease 68 92. Variation of aquaculture lease 69 93. Grant or renewal of lease in certain marine reserves 69 94. Contravening conditions of aquaculture lease 70 95. Termination of aquaculture lease 71 page iv Aquatic Resources Management Bill 2015 Contents 96. Clean-up and rehabilitation of former leased area 72 Part 6 -- Aquatic biosecurity Division 1 -- Preliminary 97. Application of Part 73 98. Terms used 73 Division 2 -- Regulations relating to biosecurity 99. Declared organisms 74 100. High impact organisms 75 101. Regulations about biosecurity 75 Division 3 -- Aquatic biosecurity management plans 102. Aquatic biosecurity management plans 76 103. Consultation with affected persons 76 104. Contravening aquatic biosecurity management plan 77 Division 4 -- Offences relating to biosecurity 105. Duty to report certain declared organisms 78 106. Import restrictions 79 107. Supply of unlawful import 80 108. Master of boat to ensure boat free of declared organisms 80 109. Dealing with declared organisms 80 110. Duty to control declared organism 82 Division 5 -- Pollution in aquatic environment 111. Regulations about pollution in aquatic environment 83 112. Activities that pollute waters 83 Division 6 -- Emergency powers to deal with biological threats 113. Term used: biological threat 84 114. CEO's powers to deal with biological threats 84 115. CEO may give directions for urgent measures to control declared organisms 85 Part 7 -- Aquatic habitat protection areas and Abrolhos Islands reserve Division 1 -- Aquatic habitat protection areas 116. Application of Division to other Acts 86 page v Aquatic Resources Management Bill 2015 Contents 117. Creating aquatic habitat protection areas 86 118. Aquatic habitat protection area not permitted in certain marine reserves 87 119. Determination of plan for aquatic habitat protection area 87 120. Notice of proposal to create aquatic habitat protection area 87 121. Control and management of aquatic habitat protection areas 88 122. Regulations about aquatic habitat protection areas 89 Division 2 -- Abrolhos Islands reserve 123. Application of Parks and Reserves Act 1895 to reserve 90 124. Regulations about reserve 90 Part 8 -- Regulation of various activities Division 1 -- General regulation of activities 125. Minister may prohibit activities 92 126. Regulations restricting take or possession of aquatic organisms 93 Division 2 -- Trafficking in aquatic organisms 127. Terms used 93 128. Trafficking in aquatic organisms defined 94 129. Trafficking in commercial quantity of priority aquatic organisms 95 130. Regulations about trafficking in aquatic organisms 95 Division 3 -- Licensing of activities and equipment 131. Regulations about licensing 95 132. Licensing of activities in certain marine reserves 96 Division 4 -- Variation, suspension, non-renewal, cancellation and surrender of authorisations 133. Varying authorisations 97 134. Suspension, non-renewal and cancellation of authorisations 98 135. Voluntary surrender of authorisation 99 136. CEO may require return of authorisation 100 page vi Aquatic Resources Management Bill 2015 Contents Division 5 -- Miscellaneous offences 137. Explosives and noxious substances not to be used 100 138. Impeding lawful fishing activities 100 139. Interfering with fishing or aquaculture gear 101 140. Purchase or sale of aquatic organisms taken unlawfully 102 141. Use of foreign boat for certain activities 102 142. Possession of foreign boat equipped with fishing gear 103 143. Mandatory maximum sentences for individuals convicted of third or subsequent offences under s. 141 or 142 103 144. Interfering with aquatic organisms to prevent identification 104 Part 9 -- Review 145. Reviewable decisions 105 146. CEO to notify persons of reviewable decisions 107 147. Review by SAT of reviewable decisions 108 148. CEO to give notice of when reviewable decision has effect 108 149. SAT to give notice of decision on review 108 Part 10 -- Register Division 1 -- General 150. Register of registrable interests 110 151. Inspection of register 110 152. Regulations about register 111 Division 2 -- Security interest in registrable interest 153. Application to have security interest in certain registrable interests noted 111 154. Notation of security interest 112 155. Irrelevant matters for purpose of s. 154 112 156. Security holder noted in register to be notified of certain events affecting security 112 157. Removing or varying notation of security interest 113 page vii Aquatic Resources Management Bill 2015 Contents Part 11 -- Compliance Division 1 -- Preliminary 158. Terms used 115 Division 2 -- Compliance officers 159. Compliance officers 115 160. Honorary compliance officers 116 161. Identity cards 116 162. Production or display of identity card 117 163. Police officers to have powers of compliance officers 117 164. Naval officers to have powers of compliance officers in dealing with foreign boats 118 Division 3 -- Powers in relation to compliance 165. Entry powers 118 166. Powers after entry for compliance purposes 119 167. Obtaining information and documents 121 168. Other powers 122 169. Powers to arrest without warrant 124 170. Powers to seize things 125 171. Powers to deal with seized aquatic organisms 126 172. Powers in respect of certain fishing gear or abandoned aquatic organisms 127 173. Powers under Animal Welfare Act 2002 to prevent cruelty to aquatic organisms 127 174. Powers under Biosecurity and Agriculture Management Act 2007 in relation to biosecurity 127 175. Use of assistance and reasonable force 128 176. Duty to try to minimise damage 129 177. Obstructing compliance officers 129 178. Interfering with seized property 130 179. Giving false or misleading information to compliance officer 130 180. Directions generally 131 Division 4 -- Entry warrants 181. Warrants to enter place 131 182. Issue of entry warrant 132 183. Effect of entry warrant 132 184. Execution of entry warrant 132 page viii Aquatic Resources Management Bill 2015 Contents Part 12 -- Legal proceedings Division 1 -- Proceedings and infringement notices 185. Prosecutions 133 186. Infringement notices and the Criminal Procedure Act 2004 134 Division 2 -- Responsibility of certain persons 187. Masters' liability 134 188. Liability of person in charge of a fishing tour 135 189. Liability of co-holders of authorisation 136 190. Liability of holders of authorisation for offence by agent 136 191. Liability of officers of body corporate for offence by body 137 192. Further provisions relating to liability of officers of body corporate 138 Division 3 -- Evidentiary provisions 193. Certain matters taken to be proved if alleged in prosecution notice 139 194. Certain matters taken to be proved if stated in certificate 140 195. Proof of certain matters as evidence of other matters 142 196. Onus of proving certain matters 145 197. Proof as to aquatic organisms taken for sale 146 198. Determining characteristics of aquatic organisms 146 199. Accuracy of compliance officers' equipment 147 200. Accuracy of approved devices 147 201. Determining positions on Earth 147 Division 4 -- Forfeiture 202. Return of seized things 148 203. Court orders for forfeiture of certain things 148 204. Forfeiture of unclaimed seized things 150 205. Forfeiture of certain seized things 150 206. Disposal of forfeited things 151 Division 5 -- Additional provisions about penalties 207. Additional penalty based on value of aquatic organisms 151 page ix Aquatic Resources Management Bill 2015 Contents 208. Court's power to cancel or suspend authorisation 152 209. Automatic suspension of authorisation if 3 offences committed in 10 year period 153 210. Effect of conviction on surety provided for authorisation 155 211. Court's power to impose prohibitions on offender 156 212. Offence taken to be first offence in some circumstances 157 Part 13 -- Administration Division 1 -- Delegation 213. Delegation by Minister 158 214. Delegation by CEO 158 215. Minister may carry out research and other activities 159 Division 2 -- AR Ministerial body 216. Term used: AR Ministerial body 159 217. AR Ministerial Body 159 218. Purpose and nature of AR Ministerial Body 160 219. Execution of documents by AR Ministerial Body 160 Division 3 -- Use of outside bodies in performance of functions 220. Term used: agreement 162 221. Minister may recognise body 162 222. Minister may enter agreement with recognised body 162 223. Effect of agreement 164 Division 4 -- Advisory Committees 224. Establishment and functions of advisory committees 164 225. Regulations about operation of committees 165 Part 14 -- Financial provisions Division 1 -- Preliminary 226. Term used: levy 166 Division 2 -- Collection of levy imposed under Fishing Industry Promotion Training and Management Levy Act 1994 227. When and to whom levy is payable 166 page x Aquatic Resources Management Bill 2015 Contents 228. Payment by instalments 166 229. Exemption from levy 166 230. Penalty for non-payment 167 231. Recovery of levy 167 Division 3 -- Accounts 232. Aquatic Resources Research and Development Account 167 233. Recreational Fishing Account 171 234. Fishing Industry Promotion Training and Management Levy Account 173 235. Application of Financial Management Act 2006 and Auditor General Act 2006 175 Part 15 -- Arrangements with other jurisdictions Division 1 -- Preliminary 236. Terms used 176 Division 2 -- Joint Authorities 237. Functions of Joint Authority 177 238. Delegation by Joint Authority 177 239. Procedure of Joint Authorities 178 240. Evidentiary matters 178 241. Report of Joint Authority 179 Division 3 -- Arrangements for management of particular fishing activities 242. Arrangement for management under Commonwealth Act 179 243. Minister may enter into arrangements with other States 180 244. Application of Act to fishing activities under arrangements 180 245. Application of Commonwealth law to fishing activities under arrangements 180 246. Application of corresponding laws to fishing activities under arrangements 181 247. Minister's powers and functions under Commonwealth Act or corresponding law 181 248. Functions of Joint Authority 181 249. Exercise of powers by Joint Authority 182 page xi Aquatic Resources Management Bill 2015 Contents 250. Application of offence provision in Act to fishing activity managed by Joint Authority 183 251. Presumptions in relation to certain statements in arrangements 184 252. Regulations, orders and instruments in respect of fishing activities under arrangements 184 Part 16 -- Miscellaneous 253. Protection from liability 186 254. Administrative guidelines 186 255. Guidelines about foreign interests 186 256. Consultation in relation to guidelines 187 257. Guidelines to be taken into account 187 258. Inquiry into holder of resource shares or authorisation 187 259. Confidentiality of information 189 260. False or misleading information 191 261. Minister to be notified of waterway works 191 262. Death of individual who holds authorisation 192 263. Regulations 192 264. Service of documents 194 265. CEO to make plans and strategies publicly available 194 266. Annual report of Department 195 Part 17 -- Repeals 267. Fish Resources Management Act 1994 repealed 196 268. Pearling Act 1990 repealed 196 Part 18 -- Transitional provisions Division 1 -- Preliminary 269. Interpretation Act not affected 197 270. Transitional regulations 197 Division 2 -- Transitional provisions for Fish Resources Management Act 1994 271. Terms used 198 272. Exemptions 198 273. Management plans 199 274. Authorisations 200 275. Matters relating to replacement authorisations 201 page xii Aquatic Resources Management Bill 2015 Contents 276. Transition from former body corporate to AR Ministerial Body 203 277. Arrangements with Commonwealth or other State or Territory 203 278. Continuation of accounts 203 279. Register 204 280. Fish habitat protection areas 204 281. Seized and forfeited things 205 282. Prohibitions on offenders 205 Division 3 -- Transitional provisions for Pearling Act 1990 283. Terms used 206 284. Arrangements with Commonwealth or other State or Territory 206 285. Licences, leases and permits 206 286. MEMP requirements for transitioned authorisations 208 287. Recording of previous convictions on authorisation 208 288. Seized and forfeited things 208 Part 19 -- Consequential amendments to other Acts Division 1 -- Biosecurity and Agriculture Management Act 2007 amended 289. Act amended 210 290. Section 3 amended 210 291. Section 4 amended 210 292. Section 6 amended 210 293. Section 9 amended 212 294. Section 12 amended 212 295. Section 22 amended 212 296. Section 45 amended 213 297. Section 184 amended 213 Division 2 -- Conservation and Land Management Act 1984 amended 298. Act amended 213 299. Section 3 amended 214 300. Section 8A amended 215 301. Section 13A amended 215 302. Section 13B amended 215 page xiii Aquatic Resources Management Bill 2015 Contents 303. Section 13C amended 216 304. Section 13D replaced 217 13D. Effect of s. 13A, 13B and 13C on certain authorisations for fishing or aquaculture 217 305. Section 14 amended 218 306. Section 17 amended 218 307. Section 26H amended 219 308. Section 49 amended 219 309. Section 59 amended 219 310. Section 60 amended 219 311. Section 62 amended 220 312. Section 101B amended 220 313. Section 130 amended 221 Division 3 -- Criminal Investigation (Covert Powers) Act 2012 amended 314. Act amended 221 315. Section 3 amended 221 316. Section 5 amended 223 317. Section 43 amended 223 318. Section 48 amended 224 319. Section 79 amended 224 320. Section 83 amended 224 321. Section 105 amended 225 Division 4 -- Fisheries Adjustment Schemes Act 1987 amended 322. Act amended 225 323. Long title amended 225 324. Section 3 amended 225 325. Section 3A amended 226 326. Section 5 amended 226 327. Section 9 amended 227 328. Section 14C amended 227 Division 5 -- Fishing and Related Industries Compensation (Marine Reserves) Act 1997 amended 329. Act amended 227 330. Long title amended 227 331. Section 3 amended 228 332. Section 4 amended 229 333. Section 5 amended 229 page xiv Aquatic Resources Management Bill 2015 Contents 334. Section 6A inserted 230 6A. Compensation for loss suffered in respect of resource shares 230 335. Section 12 amended 231 336. Section 14 deleted 231 337. Schedule 1 deleted 231 Division 6 -- Fishing Industry Promotion Training and Management Levy Act 1994 amended 338. Act amended 231 339. Long title amended 231 340. Section 3 amended 232 341. Section 4 amended 232 342. Section 6 amended 233 Division 7 -- Offshore Minerals Act 2003 amended 343. Act amended 233 344. Section 38A amended 233 345. Section 38B amended 234 346. Section 44 amended 235 Division 8 -- Other Acts amended 347. Animal Welfare Act 2002 amended 235 348. Biosecurity and Agriculture Management (Repeal and Consequential Provisions) Act 2007 amended 236 349. Constitution Acts Amendment Act 1899 amended 236 350. Control of Vehicles (Off-road Areas) Act 1978 amended 237 351. Environmental Protection Act 1986 amended 237 352. Litter Act 1979 amended 237 353. Marine Navigational Aids Act 1973 amended 238 354. Mining Act 1978 amended 238 355. Spear-guns Control Act 1955 amended 239 356. State Administrative Tribunal Act 2004 amended 239 357. Swan and Canning Rivers Management Act 2006 amended 240 358. Volunteers and Food and Other Donors (Protection from Liability) Act 2002 amended 240 359. Waterways Conservation Act 1976 amended 241 360. Western Australian Marine (Sea Dumping) Act 1981 amended 241 page xv Aquatic Resources Management Bill 2015 Contents 361. Western Australian Marine Act 1982 amended 241 362. Various references to Fish Resources Management Act 1994 amended 242 Defined terms page xvi Western Australia LEGISLATIVE ASSEMBLY (As amended during consideration in detail) Aquatic Resources Management Bill 2015 A Bill for An Act to provide for -- the ecologically sustainable development and management of the State's aquatic resources; and the development of strategies and plans for the conservation of aquatic resources and the protection of aquatic ecosystems; and the development and management of aquaculture that is compatible with the protection of aquatic ecosystems; and the management of aquatic biosecurity; and the repeal of the Fish Resources Management Act 1994 and the Pearling Act 1990; and consequential amendments to various other written laws, and for incidental and related purposes. The Parliament of Western Australia enacts as follows: page 1 Aquatic Resources Management Bill 2015 Part 1 Preliminary s. 1 1 Part 1 -- Preliminary 2 1. Short title 3 This is the Aquatic Resources Management Act 2015. 4 2. Commencement 5 This Act comes into operation as follows -- 6 (a) sections 1 and 2 -- on the day on which this Act 7 receives the Royal Assent; 8 (b) the rest of the Act -- on a day fixed by proclamation, 9 and different days may be fixed for different provisions. 10 3. Terms used 11 (1) In this Act, unless the contrary intention appears -- 12 Aboriginal body corporate means -- 13 (a) a corporation registered under the Corporations 14 (Aboriginal and Torres Strait Islander) Act 2006 15 (Commonwealth); or 16 (b) an incorporated association under the Associations 17 Incorporation Act 2015 the membership of which is 18 wholly or principally composed of Aboriginal persons; 19 Aboriginal person means a person who is wholly or partly 20 descended from the original inhabitants of Australia; 21 Abrolhos Islands reserve means Reserve No. 20253 being a 22 class A reserve for the purposes of the Land Administration 23 Act 1997; 24 approved means approved by the CEO; 25 aquaculture means -- 26 (a) the keeping, breeding, hatching, culturing or harvesting 27 of aquatic organisms; or 28 (b) the culturing or harvesting of pearls; page 2 Aquatic Resources Management Bill 2015 Preliminary Part 1 s. 3 1 aquaculture gear means any vessel, equipment, implement, 2 device, apparatus or other thing used or designed for use for, or 3 in connection with, aquaculture and includes -- 4 (a) gear used for navigational lighting or marking as a part 5 of aquaculture safety; and 6 (b) gear used to delineate the area of an aquaculture licence, 7 temporary aquaculture permit or aquaculture lease; 8 aquaculture lease means a lease granted under section 88; 9 aquaculture licence means an aquaculture licence granted 10 under section 77; 11 aquatic eco-tourism means tourism relating to aquatic 12 organisms in their natural environment and includes the viewing 13 and feeding of aquatic organisms but does not include the taking 14 of aquatic organisms; 15 aquatic environment, subject to subsection (2), means 16 organisms living in or adjacent to waters, their physical, 17 biological and social surroundings, and interactions between all 18 of those; 19 aquatic habitat protection area means an area set aside under 20 section 117(1) as an aquatic habitat protection area; 21 aquatic organism means an organism of any species that lives 22 in or adjacent to waters and -- 23 (a) includes -- 24 (i) the eggs, spat, spawn, seeds, spores, fry, larva 25 and other source of reproduction or offspring of 26 an aquatic organism; and 27 (ii) a dead aquatic organism; and 28 (iii) a part only of an aquatic organism including the 29 shell or tail; and 30 (iv) live rock and live sand; 31 but page 3 Aquatic Resources Management Bill 2015 Part 1 Preliminary s. 3 1 (b) does not include -- 2 (i) an aquatic mammal; or 3 (ii) an aquatic reptile; or 4 (iii) an aquatic bird; or 5 (iv) an amphibian; 6 aquatic resource has the meaning given in section 4; 7 aquatic resource management strategy (ARMS), in relation to 8 a managed aquatic resource, means a strategy approved for the 9 aquatic resource under section 20(1) as in force from time to 10 time; 11 aquatic resource use plan (ARUP), in relation to a managed 12 aquatic resource, means a resource use plan made in respect of 13 the aquatic resource under section 24(1) as in force from time to 14 time; 15 authorisation means -- 16 (a) an aquaculture licence; or 17 (b) a managed fishery licence; or 18 (c) any other licence provided for in the regulations; 19 bed, in relation to any waters, means the land permanently or 20 intermittently covered by the waters or the land over which the 21 waters permanently or intermittently flow; 22 boat means a vessel, craft or floating platform of any 23 description that is capable of use in or on water, whether 24 floating or submersible; 25 broodstock means aquatic organisms taken or kept for breeding; 26 CALM Act means the Conservation and Land Management 27 Act 1984; 28 CALM Minister means the Minister who administers the 29 CALM Act; 30 catch entitlement means an entitlement registered under 31 section 37(3), 38(3) or 47(4)(b); 32 CEO means the Chief Executive Officer of the Department; page 4 Aquatic Resources Management Bill 2015 Preliminary Part 1 s. 3 1 commercial fishing means fishing for a commercial purpose 2 and includes taking aquatic organisms for broodstock or other 3 aquaculture purposes; 4 commercial purpose means the purpose of sale or any other 5 purpose that is directed to gain or reward; 6 Commonwealth Act means the Fisheries Management Act 1991 7 (Commonwealth); 8 compliance officer means a person designated as a compliance 9 officer under section 159(1); 10 customary fishing means fishing by an Aboriginal person 11 that -- 12 (a) is in accordance with the Aboriginal customary law and 13 tradition of the area being fished; and 14 (b) is for the purpose of satisfying personal, domestic, 15 ceremonial, educational or other non-commercial 16 communal needs; 17 declared organism has the meaning given in section 98; 18 Department means the department of the Public Service 19 principally assisting the Minister in the administration of this 20 Act; 21 disease means -- 22 (a) a disease that is capable of having a detrimental effect 23 on an animal or a plant and includes -- 24 (i) a micro-organism; and 25 (ii) a disease agent; and 26 (iii) an infectious agent; and 27 (iv) a parasite at any stage of its life cycle; 28 or 29 (b) a genetic disorder of an animal or plant; 30 document includes a tape, a disk and any other device or 31 medium on which information is recorded or stored 32 mechanically, photographically, electronically or otherwise; page 5 Aquatic Resources Management Bill 2015 Part 1 Preliminary s. 3 1 engage in conduct means -- 2 (a) do an act; or 3 (b) omit to do an act; 4 entitlement means an entitlement that a person has from time to 5 time under a managed fishery licence; 6 exemption means an exemption granted under section 7; 7 export means to take out of, or cause to be taken out of, Western 8 Australia for any purpose; 9 fishery means -- 10 (a) one or more stocks or parts of stocks of aquatic 11 organisms that can be treated as a unit for the purposes 12 of conservation or management; or 13 (b) a class of fishing activities in respect of those stocks or 14 parts of stocks of aquatic organisms; 15 fishing or fishing activity means -- 16 (a) taking an aquatic organism in any way; or 17 (b) searching for an aquatic organism, or any other activity 18 that can reasonably be expected to result in taking the 19 organism; or 20 (c) any activity in support of, or in preparation for, any 21 activity described in this definition; 22 fishing boat means a boat that is used for commercial fishing; 23 fishing gear means any equipment, implement, device, 24 apparatus or other thing used or designed for use for, or in 25 connection with, fishing; 26 fishing period has the meaning given in section 16(1)(e); 27 fishing tour means a tour that has a central purpose of providing 28 an opportunity for recreational fishing and may include the 29 provision of fishing guidance, fishing gear, accommodation or 30 transport; 31 foreign boat has the same meaning as in the Commonwealth 32 Act section 4(1); page 6 Aquatic Resources Management Bill 2015 Preliminary Part 1 s. 3 1 honorary compliance officer means an honorary compliance 2 officer appointed under section 160(1); 3 managed aquatic resource means an aquatic resource that has 4 been declared to be a managed aquatic resource under 5 section 14; 6 managed fishery means a fishery declared by a management 7 plan to be a managed fishery; 8 managed fishery licence, in relation to a managed fishery, 9 means a licence granted under section 54 or renewed under 10 section 58 in respect of that fishery; 11 management plan means a management plan continued under 12 section 273(2) as in force from time to time; 13 marine management area has the meaning given in the CALM 14 Act section 3; 15 marine nature reserve has the meaning given in the CALM Act 16 section 3; 17 marine park has the meaning given in the CALM Act section 3; 18 master, in relation to a boat, means the person for the time 19 being having the command, charge or management of the boat; 20 noxious substance means any substance that may be harmful to 21 aquatic organisms; 22 organism means -- 23 (a) a living thing, except a human being or part of a human 24 being; or 25 (b) a prion or other prescribed organic agent that can cause 26 disease; or 27 (c) a disease; 28 pearl includes natural or cultured, whole, half, baroque, seedless 29 and blister pearl; 30 place means any land, waters, building, structure (whether 31 permanent or temporary), tent or vehicle or any part of any land, 32 waters, building, structure, tent or vehicle; page 7 Aquatic Resources Management Bill 2015 Part 1 Preliminary s. 3 1 possession includes having under control in any place, whether 2 for the use or benefit of the person in relation to whom the term 3 is used or another person, and whether or not another person has 4 the actual possession or custody of the thing in question; 5 prescribed means prescribed by regulation; 6 private land means any land that -- 7 (a) is alienated from the Crown for any estate of freehold; 8 or 9 (b) is the subject of a conditional purchase agreement, or of 10 any lease or concession with or without a right of 11 acquiring the fee simple in that land; 12 process means cut up, break up, shell, skin, shuck, fillet, cook, 13 void, purge, pack, chill, freeze, can, preserve or otherwise treat 14 any aquatic organism and, in relation to aquatic organisms of a 15 prescribed class, includes hold the aquatic organisms live for 16 export and consign the aquatic organisms live for export; 17 protected aquatic organism has the meaning given in 18 section 125(1); 19 purchase includes -- 20 (a) to take in exchange; and 21 (b) to agree or offer to take in exchange; and 22 (c) to receive, accept or take delivery under an agreement to 23 take in exchange; and 24 (d) to attempt to purchase, 25 but does not include to conduct a transaction of a prescribed 26 type if the transaction is conducted by an Aboriginal person; 27 quantity, in relation to the taking of an aquatic resource, means 28 a quantity of aquatic organisms that comprise the resource that 29 is, or may be, taken by reference to one or more of the 30 following -- 31 (a) the weight or volume of aquatic organisms; page 8 Aquatic Resources Management Bill 2015 Preliminary Part 1 s. 3 1 (b) the number of aquatic organisms by reference to sex, 2 size, weight, reproductive cycle or any other 3 characteristic; 4 (c) the time spent fishing for the aquatic organisms; 5 (d) the quantity and type of fishing gear used in fishing for 6 the aquatic organisms; 7 record includes any document, whether or not it has been 8 completed; 9 recreational fishing means fishing other than commercial 10 fishing; 11 recreational fishing licence means a licence granted under the 12 regulations authorising an individual to undertake recreational 13 fishing; 14 register means the register kept under section 150(1); 15 registrable interest means any of the following -- 16 (a) an authorisation; 17 (b) a temporary aquaculture permit; 18 (c) an aquaculture lease; 19 (d) an exemption; 20 (e) a resource share; 21 (f) catch entitlement; 22 (g) a share option; 23 regulate includes prohibit; 24 resource share means a share in respect of a managed aquatic 25 resource that is made available under the ARMS for the 26 resource; 27 security holder means a person noted on the register as having a 28 security interest in a registrable interest; 29 security interest, in relation to a registrable interest referred to 30 in section 153, means an interest in the registrable interest 31 (however arising) which secures payment of a debt or other 32 pecuniary obligation or the performance of any other obligation; page 9 Aquatic Resources Management Bill 2015 Part 1 Preliminary s. 3 1 sell includes each of the following -- 2 (a) to auction; 3 (b) to put out to tender; 4 (c) to barter or exchange; 5 (d) to supply for profit; 6 (e) to offer for sale; 7 (f) to receive or possess for sale; 8 (g) to expose for sale; 9 (h) to consign or deliver for sale; 10 (i) to dispose of by way of raffle, lottery or other game of 11 chance, 12 but does not include to conduct a transaction of a prescribed 13 type if the transaction is conducted by an Aboriginal person; 14 share option means an option granted under section 42(2); 15 species includes subspecies, hybrid and variant; 16 specified means specified in the regulation, ARMS, ARUP, 17 management plan, authorisation, order, notice or other 18 instrument in relation to which the term is used; 19 surety, in relation to an authorisation, means surety for the 20 authorisation required or provided under section 39 and includes 21 a substituted surety provided with the approval of the CEO 22 under section 41(4); 23 take includes each of the following -- 24 (a) to catch; 25 (b) to capture; 26 (c) to entrap; 27 (d) to enclose; 28 (e) to gather; 29 (f) to remove; 30 (g) to poison; page 10 Aquatic Resources Management Bill 2015 Preliminary Part 1 s. 3 1 (h) to stun; 2 (i) to kill; 3 (j) to destroy; 4 temporary aquaculture permit means a temporary aquaculture 5 permit granted under section 87; 6 total allowable catch (TAC) means the quantity of a managed 7 aquatic resource that may be taken by the commercial and 8 recreational fishing sectors in a fishing period for the resource; 9 vary, in relation to an authorisation, means to vary anything in 10 the authorisation and includes to substitute any boat, place or 11 other thing in respect of which the authorisation is granted; 12 vehicle includes a train, a boat, an aircraft and any other thing 13 used as a means of transport; 14 WA waters has the meaning given in section 5; 15 waters includes -- 16 (a) the bed or subsoil (if any) under any waters; and 17 (b) the airspace above any waters. 18 (2) For the purposes of the definition of aquatic environment in 19 subsection (1), the social surroundings of human beings are the 20 aesthetic, cultural, economic and social surroundings to the 21 extent that those surroundings directly affect or are affected by 22 physical or biological surroundings. 23 (3) For the purposes of this Act a class of fishing activity may be 24 defined by reference to one or more of the following -- 25 (a) a species or type of aquatic organism; 26 (b) a description of aquatic organisms by reference to sex, 27 weight, size, reproductive cycle or any other 28 characteristic; 29 (c) an area of land or waters; 30 (d) a method of fishing; 31 (e) a type of fishing gear; page 11 Aquatic Resources Management Bill 2015 Part 1 Preliminary s. 4 1 (f) a class of boat or other vehicle; 2 (g) a class of persons; 3 (h) a purpose of activities. 4 4. Meaning of aquatic resource 5 (1) In this Act, a reference to an aquatic resource is a reference 6 to -- 7 (c) a population of one or more identifiable groups of 8 aquatic organisms; or 9 (d) one or more identifiable groups of aquatic organisms in 10 a bioregion, area, habitat or ecosystem. 11 (2) Without limiting subsection (1), an identifiable group of aquatic 12 organisms includes -- 13 (a) a species of aquatic organisms; and 14 (b) a species of aquatic organisms limited by reference to 15 sex, weight, size, reproductive cycle or any other 16 characteristic. 17 5. Meaning of WA waters 18 (1) In this Act, a reference to WA waters is a reference to -- 19 (a) all waters within the limits of the State; and 20 (b) except as provided in subsection (2), any waters not 21 within the limits of the State that are on the landward 22 side of waters adjacent to the State that are within the 23 Australian fishing zone; and 24 (c) any waters to which the legislative powers of the State 25 extend for purposes relating to -- 26 (i) fishing activities that are to be managed in 27 accordance with the laws of the State under an 28 arrangement made under Part 15; and 29 (ii) the management of recreational fishing, within 30 the meaning of the Commonwealth Act, other 31 than recreational fishing carried on by the use of page 12 Aquatic Resources Management Bill 2015 Preliminary Part 1 s. 6 1 a foreign boat or recreational fishing prohibited 2 or regulated by a plan of management 3 determined under the Commonwealth Act 4 section 17. 5 (2) For purposes relating to a fishing activity that is to be managed 6 in accordance with a law of the Commonwealth under Part 15, 7 WA waters does not include waters not within the limits of the 8 State that are on the landward side of waters adjacent to the 9 State that are within the Australian fishing zone. 10 6. Aboriginal persons not required to hold authorisation in 11 certain circumstances 12 An Aboriginal person is not required to hold an authorisation to 13 take aquatic organisms if the organisms are taken for the 14 purposes of the person or the person's family and not for a 15 commercial purpose. 16 7. Exemptions from Act 17 (1) The Minister may, by notice in writing, exempt a specified 18 person or specified class of persons from all or any of the 19 provisions of this Act. 20 (2) The Minister may only grant an exemption under subsection (1) 21 for one or more of these purposes -- 22 (a) research; 23 (b) environmental protection; 24 (c) public safety; 25 (d) public health; 26 (e) commercial purposes; 27 (f) education purposes; 28 (g) enforcement purposes. 29 (3) An application for an exemption may be made to the Minister. page 13 Aquatic Resources Management Bill 2015 Part 1 Preliminary s. 8 1 (4) An application -- 2 (a) must be in an approved form; and 3 (b) must be accompanied by the prescribed fee, if any. 4 (5) An exemption may be granted subject to any conditions 5 specified in the notice. 6 (6) The Minister may, by further notice in writing -- 7 (a) cancel or amend an exemption; or 8 (b) delete, amend or add to any conditions imposed in 9 relation to an exemption. 10 (7) An exemption is of no effect at any time when a condition of the 11 exemption is being contravened. 12 (8) A person who contravenes a condition of an exemption commits 13 an offence. 14 Penalty: a fine of $10 000. 15 8. Crown bound 16 (1) This Act binds the State and, so far as the legislative power of 17 the State permits, the Crown in all its other capacities. 18 (2) Nothing in this Act makes the State, or the Crown in any of its 19 other capacities, liable to be prosecuted for an offence. page 14 Aquatic Resources Management Bill 2015 Objects Part 2 s. 9 1 Part 2 -- Objects 2 9. Objects of Act 3 The objects of this Act are -- 4 (a) to ensure the ecological sustainability of the State's 5 aquatic resources and aquatic ecosystems for the benefit 6 of present and future generations; and 7 (b) to ensure that the State's aquatic resources are managed, 8 developed and used having regard to the economic, 9 social and other benefits that the aquatic resources may 10 provide. 11 10. Means of achieving objects of Act 12 The objects of this Act are to be achieved in particular by -- 13 (a) conserving and protecting aquatic resources and aquatic 14 ecosystems and where necessary, restoring aquatic 15 ecosystems; and 16 (b) managing aquatic resources and aquatic ecosystems on 17 the basis of relevant scientific data and principles; and 18 (c) encouraging the sustainable development of fishing, 19 aquaculture and other activities reliant on aquatic 20 resources; and 21 (d) encouraging members of the public to actively 22 participate in decisions about the management and 23 conservation of aquatic resources and aquatic 24 ecosystems; and 25 (e) ensuring that the interests of different sectors of the 26 community that use aquatic resources or aquatic 27 ecosystems are identified and considered; and 28 (f) managing aquatic resources and aquatic ecosystems in a 29 manner that is as practical, efficient and cost effective as 30 possible. page 15 Aquatic Resources Management Bill 2015 Part 2 Objects s. 11 1 11. Regard to be had to objects of Act 2 A person or body performing or exercising a function or power 3 under this Act must have regard to the objects set out in 4 section 9 and the means of achieving them set out in section 10. page 16 Aquatic Resources Management Bill 2015 Managed aquatic resources Part 3 Preliminary Division 1 s. 12 1 Part 3 -- Managed aquatic resources 2 Division 1 -- Preliminary 3 12. Terms used 4 In this Part -- 5 consultation period, in relation to a draft strategy, means the 6 period of 2 months commencing on the day on which notice 7 required by section 17(1)(b) in respect of the draft strategy is 8 published in the Gazette; 9 draft strategy means the draft of an ARMS prepared by the 10 CEO under section 17(1)(a); 11 recreational fishing does not include customary fishing; 12 risk assessment means an assessment undertaken under 13 section 13(b). 14 Division 2 -- Strategy and planning 15 Subdivision 1 -- Declaration of managed aquatic resources 16 13. Monitoring aquatic resources 17 The Minister must ensure that -- 18 (a) the condition of aquatic resources and the aquatic 19 environment is kept constantly under consideration; and 20 (b) an assessment of the risk to the ecological sustainability 21 of an aquatic resource is undertaken if the Minister is of 22 the opinion that there is reason to do so. 23 14. Declaration of managed aquatic resources 24 (1) The Minister may, by notice in writing, declare that a specified 25 aquatic resource is a managed aquatic resource if the Minister is 26 of the opinion that there is reason to do so. 27 (2) Subsection (1) applies whether or not a risk assessment in 28 respect of the aquatic resource has been undertaken. page 17 Aquatic Resources Management Bill 2015 Part 3 Managed aquatic resources Division 2 Strategy and planning s. 15 1 (3) The Minister must make a declaration under subsection (1) if a 2 risk assessment in respect of an aquatic resource concludes that 3 there is evidence that -- 4 (a) overexploitation of the resource is occurring or is likely 5 to occur; or 6 (b) the resource is so severely depleted, diminished, 7 damaged or otherwise affected as to be considered at 8 threat of being ecologically unsustainable. 9 (4) A notice under subsection (1) is subsidiary legislation for the 10 purposes of the Interpretation Act 1984. 11 Subdivision 2 -- Aquatic resource management strategies 12 15. Requirement for ARMS 13 As soon as is practicable after an aquatic resource is declared to 14 be a managed aquatic resource an aquatic resource management 15 strategy (ARMS) must be approved under section 20 in respect 16 of the aquatic resource. 17 16. Content of ARMS 18 (1) An ARMS for a managed aquatic resource must set out the 19 following things -- 20 (a) a description of the aquatic resource that is to be 21 managed; 22 (b) the main objective to be achieved by managing the 23 aquatic resource; 24 (c) the minimum quantity of the aquatic resource that is 25 considered necessary to be maintained for the resource 26 to be ecologically sustainable; 27 (d) the activities that should be regulated in respect of the 28 aquatic resource; 29 (e) the details of each period for which activities in respect 30 of the aquatic resource are to be regulated (fishing 31 period); page 18 Aquatic Resources Management Bill 2015 Managed aquatic resources Part 3 Strategy and planning Division 2 s. 17 1 (f) the quantity of the aquatic resource that is to be 2 available in a fishing period for customary fishing and 3 public benefit uses; 4 (g) the method to be used in calculating the total allowable 5 catch (TAC) for the aquatic resource; 6 (h) the proportion of the TAC that is to be available for 7 recreational fishing for the resource; 8 (i) the proportion of the TAC that is to be available for 9 commercial purposes, including -- 10 (i) the proportion of the TAC to be available for 11 commercial fishing for the resource; and 12 (ii) the proportion of the TAC that is to be available 13 for taking incidentally in the course of 14 commercial fishing for other aquatic resources; 15 (j) the number of shares in the resource that are to be 16 available to the commercial sector; 17 (k) the scientific parameters to be used to assess how 18 effectively the aquatic resource is being managed; 19 (l) the consultation to be carried out in relation to the 20 making, amendment or revocation of an aquatic resource 21 use plan (ARUP) to implement the ARMS. 22 (2) For the purposes of subsection (1)(d), the activities that should 23 be regulated in respect of the aquatic resource may include the 24 taking of other aquatic resources incidentally in the course of 25 commercial fishing for the aquatic resource. 26 17. Draft ARMS 27 (1) As soon as is practicable after an aquatic resource is declared to 28 be a managed aquatic resource the CEO must -- 29 (a) prepare a draft of an ARMS for the resource; and 30 (b) give public notice of the proposal for an ARMS. page 19 Aquatic Resources Management Bill 2015 Part 3 Managed aquatic resources Division 2 Strategy and planning s. 18 1 (2) The public notice of the proposal for an ARMS must -- 2 (a) contain information about the draft strategy; and 3 (b) specify where copies of the draft strategy may be 4 obtained without charge; and 5 (c) invite interested persons to make submissions to the 6 CEO on the draft strategy within a specified period; and 7 (d) specify how those submissions may be made. 8 (3) The public notice of the proposal for an ARMS -- 9 (a) must be published in the Gazette; and 10 (b) may be published in any other manner that the CEO 11 considers appropriate to bring the proposal to the 12 attention of persons who will, or may be, affected if the 13 draft strategy becomes an ARMS, which may include 14 the following -- 15 (i) publishing the notice in a newspaper circulating 16 generally throughout the State; 17 (ii) posting the notice on a website maintained by the 18 CEO. 19 (4) Subsection (3) does not prevent the CEO from adopting any 20 additional means of publicising the proposal for an ARMS. 21 18. CEO to consult on proposal for ARMS 22 (1) The CEO must, within the consultation period for a draft 23 strategy, make reasonable efforts to consult any public 24 authority, person or body that the CEO considers likely to be 25 affected if the draft strategy becomes an ARMS. 26 (2) Consultation under subsection (1) may be undertaken in any 27 way that the CEO considers appropriate in the circumstances, 28 having regard to the number of public authorities, persons or 29 bodies considered likely to be affected as described in 30 subsection (1). page 20 Aquatic Resources Management Bill 2015 Managed aquatic resources Part 3 Strategy and planning Division 2 s. 19 1 (3) If the description in the draft strategy of the aquatic resource to 2 be managed does not describe the resource by reference to a 3 particular area of the State, then consultation must be carried out 4 under subsection (1) as if the draft strategy had relevance for the 5 whole of the State. 6 19. Revision of draft strategy following consultation 7 (1) A person may make submissions to the CEO in relation to a 8 draft strategy in the manner and within the period specified in 9 the relevant notice required by section 17(1)(b). 10 (2) After the end of the consultation period for a draft strategy the 11 CEO -- 12 (a) must consider -- 13 (i) any submissions made in accordance with 14 subsection (1); and 15 (ii) any views expressed by a public authority, 16 person or body consulted under section 18(1); 17 and 18 (b) may revise the draft strategy to any extent the CEO 19 considers appropriate. 20 (3) The CEO must submit to the Minister not later than 2 months 21 after the end of the consultation period for a draft strategy -- 22 (a) a copy of the draft strategy, including any revisions 23 made under subsection (2)(b); and 24 (b) a report on the development of the draft strategy. 25 (4) The CEO must include in a report under subsection (3)(b) the 26 reasons for any revision of the draft strategy. 27 20. Approval of ARMS 28 (1) The Minister may, in writing, approve or refuse to approve a 29 draft strategy submitted by the CEO under section 19(3) or 30 subsection (4) as the ARMS for a managed aquatic resource. page 21 Aquatic Resources Management Bill 2015 Part 3 Managed aquatic resources Division 2 Strategy and planning s. 21 1 (2) The Minister is not to approve a draft strategy as the ARMS for 2 a managed aquatic resource under subsection (1) unless the 3 Minister is satisfied that the draft strategy is consistent with the 4 objects of this Act. 5 (3) If the Minister refuses to approve a draft strategy submitted by 6 the CEO under section 19(3) or subsection (4) as the ARMS for 7 a managed aquatic resource the Minister may request the CEO 8 to revise the draft strategy taking into account any matters 9 referred to in the request. 10 (4) The CEO must, within 2 months of a request under 11 subsection (3) or such longer period as the Minister allows, 12 submit to the Minister -- 13 (a) a copy of the draft strategy as revised taking into 14 account the matters referred to in the request; and 15 (b) a report on the revisions that have been made. 16 (5) Notice of an approval under subsection (1) must be published in 17 the Gazette. 18 (6) An ARMS comes into effect on the day after the day on which 19 the relevant notice is published in the Gazette or on a later day 20 specified in the notice. 21 21. Amendment and revocation of ARMS 22 (1) The Minister may, in writing, approve an amendment to an 23 ARMS for a managed aquatic resource. 24 (2) This Subdivision applies in respect of an amendment to an 25 ARMS as if a reference to an ARMS included a reference to an 26 amended ARMS. 27 (3) An ARMS for a managed aquatic resource is revoked if the 28 declaration under section 14 in respect of the aquatic resource is 29 revoked. page 22 Aquatic Resources Management Bill 2015 Managed aquatic resources Part 3 Strategy and planning Division 2 s. 22 1 22. Regulations for ARMSs 2 Regulations may be made for purposes relating to ARMSs. 3 Subdivision 3 -- Aquatic resource use plans 4 23. Terms used 5 In this Subdivision -- 6 ARMS, in relation to an ARUP, means the ARMS identified in 7 the ARUP in accordance with section 25(1)(b); 8 resource means a managed aquatic resource, and in relation to 9 an ARUP, means the managed aquatic resource to which the 10 ARUP relates. 11 24. Minister to make ARUP for managed aquatic resource 12 (1) The Minister must make an ARUP, or more than one ARUP, to 13 implement an ARMS that is in effect for a managed aquatic 14 resource. 15 (2) The Minister is not to make an ARUP for a resource unless -- 16 (a) the consultation required in relation to the making of the 17 ARUP set out in the ARMS for the resource has been 18 carried out; and 19 (b) in the opinion of the Minister, the plan is consistent 20 with -- 21 (i) the ARMS for the resource; and 22 (ii) all other ARUPs made for the resource, or that 23 apply to or in relation to the resource; and 24 (iii) regulations made under section 22 in relation to 25 the ARMS for the resource. 26 (3) An ARUP is subsidiary legislation for the purposes of the 27 Interpretation Act 1984, and section 42 of that Act applies to 28 and in relation to a plan as if the plan were a regulation. page 23 Aquatic Resources Management Bill 2015 Part 3 Managed aquatic resources Division 2 Strategy and planning s. 25 1 25. Content of ARUPs 2 (1) An ARUP must -- 3 (a) identify the resource to which the ARUP relates; and 4 (b) identify the ARMS that the ARUP is to implement; and 5 (c) set out the objectives to be achieved by the ARUP; and 6 (d) identify the activities regulated under the ARUP; and 7 (e) identify the class or classes of persons that may 8 undertake the activities regulated under the ARUP; and 9 (f) specify the type of authorisation (if any) required to 10 undertake activities regulated under the ARUP; and 11 (g) specify the form and the minimum and maximum 12 amounts of surety (if any) that may be required to be 13 provided for an authorisation to undertake activities 14 regulated under the ARUP; and 15 (h) specify the number of resource shares (if any) in the 16 aquatic resource available under the ARUP; and 17 (i) set out the method for allocating any resource shares 18 available under the ARUP at the commencement of the 19 ARUP; and 20 (j) set out any restrictions in relation to persons who are 21 eligible to be holders of resource shares available under 22 the ARUP; and 23 (k) set out procedures for monitoring the quantity of the 24 resource that is taken in a fishing period; and 25 (l) set out any conditions that are to apply in respect of the 26 transfer of catch entitlement for the resource; and 27 (m) set out any circumstances in which the CEO may, by 28 notice published in the Gazette, modify provisions in the 29 ARUP in order to ensure that the objectives to be 30 achieved by the ARUP are achieved. page 24 Aquatic Resources Management Bill 2015 Managed aquatic resources Part 3 Strategy and planning Division 2 s. 26 1 (2) An ARUP may include any provision that, in the Minister's 2 opinion, is necessary for -- 3 (a) the protection or management of the resource; or 4 (b) the protection of the aquatic environment, other aquatic 5 resources, aquatic mammals, aquatic reptiles, aquatic 6 birds and amphibians from activities related to the 7 resource. 8 (3) The objectives to be achieved by an ARUP are to be consistent 9 with, but not limited to, the main objective of the ARMS that 10 the ARUP is to implement. 11 26. Method for allocating shares under ARUP 12 (1) In making an ARUP that sets out a method for allocating 13 resource shares the Minister must have regard to the 14 following -- 15 (a) the interests of persons who have a history of 16 involvement in taking the resource; 17 (b) the interests of persons who have entitlements to take 18 the resource under this Act immediately before the 19 commencement of the ARUP; 20 (c) any option granted under section 42(2) in respect of the 21 resource or a component of the resource. 22 (2) A method for allocating resource shares set out in an ARUP 23 may include, but is not limited to -- 24 (a) allocation based on converting previous entitlement to 25 take the resource to a specified share entitlement; or 26 (b) allocation based on converting options granted under 27 section 42(2) to a specified share entitlement; or 28 (c) grant by the CEO on application, including payment of 29 an application fee if applicable, and on the basis of 30 specified criteria; or 31 (d) sale by public tender or auction. page 25 Aquatic Resources Management Bill 2015 Part 3 Managed aquatic resources Division 2 Strategy and planning s. 27 1 (3) An ARUP that sets out a method for allocating resource shares 2 other than by sale by public tender or auction must provide -- 3 (a) that a decision not to allocate a resource share is a 4 reviewable decision for the purposes of sections 146 5 and 147; and 6 (b) that a person who is affected by a decision about 7 allocation of a resource share is an affected person for 8 the purposes of those sections. 9 27. Form of surety 10 The form of surety for an authorisation specified in an ARUP 11 may be one or more of the following -- 12 (a) a monetary bond to be paid to the CEO; 13 (b) nomination of a number of resource shares in the 14 resource to which the ARUP relates; 15 (c) surety in a form prescribed for the purposes of this 16 section. 17 28. Effect of ARUP on management plans and regulations 18 (1) The Minister may amend or revoke a management plan that 19 applies in respect of all or part of an aquatic resource on the 20 making of an ARUP for the resource. 21 (2) If a management plan is inconsistent with an ARUP then, to the 22 extent of the inconsistency, the ARUP prevails. 23 (3) If an ARUP is inconsistent with the regulations then, to the 24 extent of the inconsistency, the ARUP prevails. 25 29. Effect of revocation of ARMS 26 If an ARMS is revoked, each ARUP made to implement the 27 ARMS is revoked. 28 30. Regulations for ARUPs 29 Regulations may be made for purposes relating to ARUPs. page 26 Aquatic Resources Management Bill 2015 Managed aquatic resources Part 3 Strategy and planning Division 2 s. 31 1 31. Contravening ARUP or regulations relating to ARUPs 2 (1) In this section -- 3 commercial ARUP means an ARUP that specifies a number of 4 resource shares that are available under the ARUP; 5 prohibited conduct means -- 6 (a) conduct that contravenes a provision of an ARUP, the 7 contravention of which is specified to be an offence; or 8 (b) conduct that contravenes a provision of the regulations 9 that relates to an ARUP, the contravention of which is 10 prescribed to be an offence to which this section applies. 11 (2) A person who engages in prohibited conduct commits an 12 offence against this subsection if the person -- 13 (a) intends to contravene a provision of an ARUP or a 14 provision of the regulations that relates to an ARUP; or 15 (b) is reckless as to whether or not a provision of an ARUP 16 or a provision of the regulations that relates to an ARUP 17 is contravened. 18 Penalty: 19 (a) for a first offence in relation to a commercial ARUP, 20 a fine of $40 000; 21 (b) for a first offence in relation to any other ARUP -- 22 (i) a fine of $10 000; or 23 (ii) if the ARUP provides for a penalty of a fine of 24 a lesser amount, a fine of that lesser amount; 25 (c) for a second or subsequent offence in relation to a 26 commercial ARUP, a fine of $80 000 and 27 imprisonment for 12 months; 28 (d) for a second or subsequent offence in relation to any 29 other ARUP -- 30 (i) a fine of $15 000; or page 27 Aquatic Resources Management Bill 2015 Part 3 Managed aquatic resources Division 3 Administrative matters for managed aquatic resources s. 32 1 (ii) if the ARUP provides for a penalty of a fine of 2 a lesser amount for a second or subsequent 3 offence, a fine of that lesser amount. 4 (3) A person who engages in prohibited conduct commits an 5 offence. 6 Penalty: 7 (a) for an offence in relation to a commercial ARUP, a 8 fine of $15 000; 9 (b) for an offence in relation to any other ARUP, a fine 10 of $5 000. 11 (4) A person charged with an offence against subsection (2) may be 12 convicted of an offence against subsection (3) if that offence is 13 established by the evidence. 14 Division 3 -- Administrative matters for managed 15 aquatic resources 16 Subdivision 1 -- Preliminary 17 32. Terms used 18 In this Division -- 19 allocated catch, in relation to a resource share, means the catch 20 allocated for the resource share for a fishing period in 21 accordance with a notice given under section 33(1); 22 catch means a quantity of aquatic organisms; 23 relevant ARUP, in relation to a resource share, means the 24 ARUP under which the share is made available. 25 33. CEO to notify TAC and catch 26 (1) At least 30 days before the commencement of each fishing 27 period for a managed aquatic resource the CEO must publish in 28 the Gazette a notice setting out the following in respect of the 29 fishing period -- 30 (a) the TAC for the resource; page 28 Aquatic Resources Management Bill 2015 Managed aquatic resources Part 3 Administrative matters for managed aquatic resources Division 3 s. 34 1 (b) the quantity of TAC available for commercial fishing for 2 the resource; 3 (c) the quantity of TAC available for recreational fishing for 4 the resource; 5 (d) the catch to be allocated for a resource share in the 6 resource. 7 (2) For the purposes of subsection (1), the TAC and the quantity of 8 TAC available for commercial fishing and for recreational 9 fishing are to be calculated in accordance with the ARMS for 10 the resource. 11 (3) For the purposes of subsection (1)(d), the catch to be allocated 12 for a resource share for a fishing period is the quantity of TAC 13 referred to in subsection (1)(b) divided by the number of shares 14 in the resource. 15 Subdivision 2 -- Commercial fishing 16 34. Allocation of resource shares 17 (1) When an ARUP comes into operation any resource shares in an 18 aquatic resource available under the ARUP vest in the Minister. 19 (2) The Minister must, as soon as is practicable after an ARUP 20 comes into operation, allocate the resource shares in accordance 21 with the method set out in the ARUP. 22 (3) A person to whom a resource share is allocated may request the 23 CEO to register the person as the holder of the resource share. 24 (4) A request must -- 25 (a) be in an approved form; and 26 (b) be accompanied by the fee (if any) that is set out in the 27 relevant ARUP or the regulations. 28 (5) On receipt of a request under subsection (3) the CEO must 29 register the person as the holder of the resource share. page 29 Aquatic Resources Management Bill 2015 Part 3 Managed aquatic resources Division 3 Administrative matters for managed aquatic resources s. 35 1 35. Nature of resource shares 2 (1) Subject to section 37, a person who is the holder of a resource 3 share in an aquatic resource at the beginning of a fishing period 4 for the aquatic resource is entitled to be registered as the holder 5 of the allocated catch for the share for that fishing period. 6 (2) A resource share -- 7 (a) is transferrable as provided by this Act; and 8 (b) is capable of devolution by will or by operation of law. 9 (3) In accordance with the Personal Property Securities Act 2009 10 (Commonwealth) section 10 in paragraph (b) of the definition of 11 personal property, a resource share is declared not to be 12 personal property for the purposes of that Act. 13 36. Transfer of resource shares 14 (1) The holder of a resource share in an aquatic resource may, in 15 accordance with the relevant ARUP or the regulations, request 16 the CEO to transfer the share to another person (the recipient). 17 (2) On receipt of a request under subsection (1) the CEO must 18 transfer the share by registering the recipient as the holder of the 19 resource share unless subsection (3) applies. 20 (3) The CEO must not transfer a resource share if -- 21 (a) a fee or fine payable by the holder of the share under 22 this Act is outstanding; or 23 (b) the share is nominated as surety for an authorisation; or 24 (c) the recipient is a person who is not eligible under the 25 relevant ARUP to hold the share; or 26 (d) the CEO has, under section 156, given details of the 27 request to a security holder unless -- 28 (i) 21 days has expired from the day on which the 29 details were given; or 30 (ii) the CEO has the written consent of the holder of 31 the share and the security holder to do so. page 30 Aquatic Resources Management Bill 2015 Managed aquatic resources Part 3 Administrative matters for managed aquatic resources Division 3 s. 37 1 37. Registration of catch entitlement 2 (1) The holder of a resource share in an aquatic resource may 3 request the CEO to register the holder of the resource share as 4 the holder of catch entitlement of an amount equal to the 5 allocated catch for the share. 6 (2) The request must -- 7 (a) be in an approved form; and 8 (b) be accompanied by the fee that is set out in the relevant 9 ARUP or the regulations. 10 (3) Subject to subsections (4) and (5), the CEO must register the 11 applicant as the holder of catch entitlement in accordance with 12 the request. 13 (4) Before registering the holder of a resource share as the holder of 14 the catch entitlement the CEO must reduce the amount of the 15 allocated catch in accordance with section 41(7)(a) or 210(2)(b) 16 if applicable. 17 (5) The CEO must not register the holder of a resource share as the 18 holder of catch entitlement for the share if -- 19 (a) a fee or fine payable by the holder of the share under 20 this Act is outstanding; or 21 (b) the share is nominated as surety for an authorisation and 22 the authorisation is suspended under section 209 at the 23 beginning of the fishing period to which the catch 24 relates. 25 (6) If the holder of a resource share does not make a request under 26 subsection (1) within 90 days of the commencement of the 27 fishing period in respect of which the catch is allocated the CEO 28 may, by notice in writing, require the holder to pay the fee 29 referred to in subsection (2)(b) within the period specified in the 30 notice. 31 (7) In accordance with the Personal Property Securities Act 2009 32 (Commonwealth) section 10 in paragraph (b) of the definition of page 31 Aquatic Resources Management Bill 2015 Part 3 Managed aquatic resources Division 3 Administrative matters for managed aquatic resources s. 38 1 personal property, catch entitlement is declared not to be 2 personal property for the purposes of that Act. 3 38. Transfer of catch entitlement 4 (1) A person who is registered as the holder of catch entitlement 5 may request the CEO to transfer to another person (the 6 recipient) part or all of the catch entitlement. 7 (2) The request must be made in an approved manner and form. 8 (3) Following the receipt of a request, the CEO must register the 9 recipient as the holder of catch entitlement up to the amount 10 specified in the request -- 11 (a) in accordance with the regulations; and 12 (b) subject to any conditions set out in the ARUP under 13 which the catch entitlement is allocated. 14 (4) A person who makes a request referred to in subsection (1) may 15 withdraw the request to the extent that the recipient has not been 16 registered as the holder of an amount of catch entitlement 17 specified in the request -- 18 (a) in accordance with the regulations; and 19 (b) subject to any conditions in respect of the withdrawal of 20 a request to transfer the catch entitlement set out in the 21 ARUP under which catch entitlement is allocated. 22 39. Provision of surety for authorisation 23 (1) In this section -- 24 notice means a notice given under subsection (2) and includes a 25 notice amended under subsection (5). 26 (2) The CEO may, by notice in writing, require a person who is the 27 holder of an authorisation to undertake activities regulated 28 under an ARUP to provide surety for the authorisation if the 29 person is charged with, or convicted of, an offence against -- 30 (a) this Act; or page 32 Aquatic Resources Management Bill 2015 Managed aquatic resources Part 3 Administrative matters for managed aquatic resources Division 3 s. 39 1 (b) a written law other than this Act if the offence relates to 2 the fishing, aquaculture, fishing tour or aquatic 3 eco-tourism industries; or 4 (c) a law of the Commonwealth, or of another State or a 5 Territory, relating to the management or regulation of 6 aquatic resources. 7 (3) A notice must specify -- 8 (a) the form and amount of the surety; and 9 (b) the day on, or before which, the surety is to be provided. 10 (4) For the purposes of subsection (3)(a) -- 11 (a) the form of the surety must be a form specified in the 12 relevant ARUP; and 13 (b) the amount of surety must not be -- 14 (i) less than the minimum amount specified in the 15 relevant ARUP; or 16 (ii) more than the maximum amount specified in the 17 relevant ARUP. 18 (5) The CEO may, by notice in writing, amend or revoke a notice 19 given under subsection (2). 20 (6) If a person required by a notice to provide surety for an 21 authorisation does not provide the surety on or before the 22 specified day, the authorisation is suspended for the period -- 23 (a) commencing on the day after the specified day; and 24 (b) ending on -- 25 (i) the day on which surety is provided; or 26 (ii) if the notice is earlier revoked, on the day on 27 which the notice is revoked. page 33 Aquatic Resources Management Bill 2015 Part 3 Managed aquatic resources Division 3 Administrative matters for managed aquatic resources s. 40 1 40. Registration of surety 2 (1) On receipt of surety for an authorisation the CEO must -- 3 (a) record on the register the provision of the surety for the 4 authorisation; and 5 (b) if the surety is provided in the form of the nomination of 6 one or more resource shares, record on the register the 7 nomination of each nominated share as surety for the 8 authorisation. 9 (2) If, under section 156, the CEO gives written details of the 10 nomination of a resource share as surety for an authorisation to 11 a security holder the CEO must not record the nomination of the 12 resource share as surety for the authorisation unless -- 13 (a) 21 days has expired from the day on which the details 14 were given; or 15 (b) the CEO has the written consent of the holder of the 16 resource share and the security holder to do so. 17 41. Return or substitution of surety for authorisation 18 (1) In this section -- 19 balance, in relation to surety, means the surety that remains 20 after any forfeiture ordered under section 50(2) has been 21 effected; 22 terminates, in relation to an authorisation, means -- 23 (a) expires without being renewed; or 24 (b) is cancelled under section 134(1) or 208(1); or 25 (c) ceases to have effect in accordance with section 135(2). 26 (2) A person who has provided surety for an authorisation may 27 request the CEO to -- 28 (a) return the balance of the surety; or 29 (b) return the balance of the surety on the provision of a 30 substitute surety for the authorisation. page 34 Aquatic Resources Management Bill 2015 Managed aquatic resources Part 3 Administrative matters for managed aquatic resources Division 3 s. 41 1 (3) On a request made under subsection (2) the CEO may return the 2 balance of the surety in accordance with the regulations. 3 (4) The CEO may agree to the provision of a substitute surety for 4 an authorisation if the CEO is satisfied that the substituted 5 surety is -- 6 (a) in a form specified in the ARUP in respect of which the 7 authorisation is granted; and 8 (b) of an equivalent value to the original surety. 9 (5) The CEO may refuse to return the balance of surety for an 10 authorisation -- 11 (a) if in the CEO's opinion, the holder of the authorisation 12 or a person acting for or on behalf of the holder of the 13 authorisation may be liable to prosecution for an offence 14 that is prescribed for the purposes of section 209; or 15 (b) until a conviction required to be recorded in respect of 16 the surety under section 210(1) has been recorded. 17 (6) Subject to subsections (5) and (7), if an authorisation for which 18 surety has been provided terminates, the CEO must return the 19 balance of the surety to the holder of the authorisation in 20 accordance with the regulations. 21 (7) If the surety for an authorisation that terminates has one or 2 22 convictions recorded in respect of it under section 210(1) in the 23 period of 10 years before the CEO returns the balance of the 24 surety -- 25 (a) and the surety is in the form of the nomination of one or 26 more resource shares, the allocated catch for each 27 resource share in the fishing period following the return 28 of the surety is to be reduced by two-thirds; or 29 (b) otherwise, the amount of the surety to be returned is 30 one-third of the balance of the surety as determined in 31 accordance with the regulations. page 35 Aquatic Resources Management Bill 2015 Part 3 Managed aquatic resources Division 3 Administrative matters for managed aquatic resources s. 42 1 42. Grant of share options 2 (1) If an ARUP is revoked, whether or not the ARMS in respect of 3 which the ARUP is made is also revoked -- 4 (a) the resource shares provided for under the ARUP are 5 void; and 6 (b) the registration of any catch entitlement relating to a 7 share referred to in paragraph (a) is cancelled. 8 (2) The CEO must grant a share option in respect of each resource 9 share under a revoked ARUP to the person who, immediately 10 before the ARUP was revoked, was the holder of the resource 11 share. 12 (3) Subsection (2) does not apply if -- 13 (a) a new ARUP is made in respect of the aquatic resource 14 covered by the revoked plan; and 15 (b) the new plan provides for persons who held shares under 16 the revoked plan to be allocated resource shares with an 17 equivalent value under the new plan. 18 43. Notice of entitlement to convert share options 19 (1) If an ARUP provides that resource shares are to be allocated on 20 the basis of converting share options of a specified type to 21 resource shares the CEO must provide written advice about the 22 following to each holder of a share option of the specified 23 type -- 24 (a) the basis on which the person is entitled to be allocated 25 resource shares; 26 (b) the procedures to be followed if the person wants to take 27 up all or part of the entitlement; 28 (c) the date by which the person must advise the CEO if the 29 person wants to take up the entitlement. page 36 Aquatic Resources Management Bill 2015 Managed aquatic resources Part 3 Administrative matters for managed aquatic resources Division 3 s. 44 1 (2) A share option lapses if a person to whom a notice has been 2 given under subsection (1) -- 3 (a) advises the CEO that the person does not want to take 4 up the entitlement to be allocated resource shares in 5 respect of the share option; or 6 (b) does not advise the CEO that the person wants to take 7 up the entitlement to be allocated resource shares in 8 respect of the share option by the date specified in the 9 notice. 10 Subdivision 3 -- Recreational fishing 11 44. Term used: recreational TAC 12 In this Subdivision -- 13 recreational TAC, in relation to a fishing period, means the 14 quantity of a managed aquatic resource set out in a notice 15 referred to in section 33(1) as being available for recreational 16 fishing in the fishing period. 17 45. Monitoring usage of recreational TAC 18 The CEO must ensure that the quantity of a managed aquatic 19 resource that is taken by the recreational fishing sector during 20 each fishing period for the resource is monitored in accordance 21 with procedures set out in an ARUP for the resource. 22 46. CEO to notify overuse of TAC for recreational fishing 23 (1) The CEO must notify the Minister if the CEO has reason to 24 believe that the quantity of a managed aquatic resource that is 25 likely to be taken by the recreational sector may exceed the 26 recreational TAC for the resource in a fishing period. 27 (2) The notification must include advice on any actions that the 28 CEO considers should be taken to reduce the quantity of the 29 managed aquatic resource that is taken by the recreational sector 30 in the remainder of the fishing period. page 37 Aquatic Resources Management Bill 2015 Part 3 Managed aquatic resources Division 3 Administrative matters for managed aquatic resources s. 47 1 47. Minister may arrange allocation of excess recreational TAC 2 (1) In this section -- 3 recreational fishing body means a body that represents the 4 interests of the recreational fishing sector in accordance with an 5 agreement made under section 222(1). 6 (2) The Minister may, by notice in writing published in the 7 Gazette -- 8 (a) determine that a specified quantity of recreational TAC 9 for a managed aquatic resource in a fishing period is to 10 be made available instead for commercial purposes for 11 that fishing period; and 12 (b) specify the manner in which entitlement to the catch 13 specified in the notice is to be allocated and registered. 14 (3) The Minister may not make a determination under 15 subsection (2) unless -- 16 (a) the Minister is satisfied on reasonable grounds that the 17 quantity of catch specified in the notice is excess to the 18 requirements of the recreational fishing sector for the 19 fishing period; and 20 (b) the Minister is requested by a recreational fishing body 21 to make the quantity of catch specified in the notice 22 available for commercial purposes for the fishing period. 23 (4) If the Minister makes a determination under subsection (2) the 24 CEO must -- 25 (a) arrange, in the manner specified in the notice, for the 26 allocation of entitlement to the catch; and 27 (b) register, as specified in the notice, a person who is 28 allocated an entitlement as the holder of the entitlement. 29 (5) The proceeds of the allocation of an entitlement under this 30 section are to be paid into the Recreational Fishing Account. page 38 Aquatic Resources Management Bill 2015 Managed aquatic resources Part 3 Offences relating to managed aquatic resources Division 4 s. 48 1 48. Increase of TAC for recreational fishing 2 The recreational TAC for a managed aquatic resource in a 3 fishing period is increased by the amount of any catch 4 entitlement for the resource purchased in the fishing period by 5 the application of money from the Recreational Fishing 6 Account. 7 Division 4 -- Offences relating to managed aquatic resources 8 49. Contravening condition of authorisation relating to 9 managed aquatic resources 10 (1) In this section -- 11 commercial authorisation means a relevant authorisation that 12 relates to an ARUP that specifies that a number of resource 13 shares are available under the plan; 14 prohibited conduct means conduct that contravenes a condition 15 of a relevant authorisation; 16 relevant authorisation means an authorisation to undertake an 17 activity in respect of a managed aquatic resource specified in an 18 ARUP for the aquatic resource. 19 (2) A person who engages in prohibited conduct commits an 20 offence against this subsection if the person -- 21 (a) intends to contravene a condition of a relevant 22 authorisation; or 23 (b) is reckless as to whether or not a condition of a relevant 24 authorisation is contravened. 25 Penalty: 26 (a) for a first offence in relation to a commercial 27 authorisation, a fine of $40 000; 28 (b) for a first offence in relation to any other relevant 29 authorisation -- 30 (i) a fine of $10 000; or page 39 Aquatic Resources Management Bill 2015 Part 3 Managed aquatic resources Division 4 Offences relating to managed aquatic resources s. 50 1 (ii) if the ARUP in respect of which the 2 authorisation is granted provides for a penalty 3 of a fine of a lesser amount, a fine of that 4 lesser amount; 5 (c) for a second or subsequent offence in relation to a 6 commercial authorisation, a fine of $80 000 and 7 imprisonment for 12 months; 8 (d) for a second or subsequent offence in relation to any 9 other relevant authorisation -- 10 (i) a fine of $20 000; or 11 (ii) if the ARUP in respect of which the 12 authorisation is granted provides for a penalty 13 of a fine of a lesser amount for a second or 14 subsequent offence, a fine of that lesser 15 amount. 16 (3) A person who engages in prohibited conduct commits an 17 offence. 18 Penalty: 19 (a) for an offence in relation to a commercial 20 authorisation, a fine of $15 000; 21 (b) for an offence in relation to any other relevant 22 authorisation, a fine of $5 000. 23 (4) A person charged with an offence against subsection (2) may be 24 convicted of an offence against subsection (3) if that offence is 25 established by the evidence. 26 50. Court to order forfeiture of surety for authorisation 27 (1) In this section -- 28 determined value, in relation to surety, means -- 29 (a) if the surety is in the form of nominated resource shares, 30 the number of resource shares in a managed aquatic 31 resource that corresponds to the quantity of the resource page 40 Aquatic Resources Management Bill 2015 Managed aquatic resources Part 3 Offences relating to managed aquatic resources Division 4 s. 50 1 for which the person did not hold catch entitlement 2 calculated in accordance with the regulations; or 3 (b) if the surety is in any other form, an amount that is 4 equivalent to the value, at the time the offence was 5 committed, of the number of resource shares that would 6 apply if the surety had been provided in the form of 7 nominated resource shares; 8 relevant authorisation -- 9 (a) in relation to an offence against section 31(2) or (3), 10 means an authorisation granted in respect of the ARUP 11 to which the offence relates; 12 (b) in relation to an offence against section 49(2) or (3) 13 means the authorisation to which the offence relates. 14 (2) A court that convicts a person of an offence against 15 section 31(2) or (3) or 49(2) or (3) must order that any surety for 16 a relevant authorisation be forfeited to the State to the 17 determined value if the court is satisfied that -- 18 (a) the person was the holder of the relevant authorisation 19 when the offence was committed; and 20 (b) the offence relates to the taking of a quantity of the 21 aquatic resource for which the person did not hold catch 22 entitlement at a time, or during a period, prescribed for 23 the purposes of this section; and 24 (c) the quantity of the resource for which the person did not 25 hold catch entitlement can be ascertained by the court. 26 (3) If a court makes an order under this section the court may make 27 any other order necessary or expedient to give effect to the 28 order. 29 (4) If the court orders the forfeiture of surety that is in the form of a 30 number of nominated resource shares the CEO may allocate the 31 forfeited resource shares in the way specified in the relevant 32 ARUP. page 41 Aquatic Resources Management Bill 2015 Part 3 Managed aquatic resources Division 4 Offences relating to managed aquatic resources s. 50 1 (5) If a resource share is forfeited under this section the CEO must, 2 before allocating the forfeited share -- 3 (a) remove the notation of any security interest in respect of 4 that share that was recorded in the register; and 5 (b) cancel the nomination of the resource share as surety for 6 the authorisation in respect of which it was nominated; 7 and 8 (c) remove the details of any conviction that was recorded 9 in respect of the share in accordance with 10 section 210(1). page 42 Aquatic Resources Management Bill 2015 Management of fisheries Part 4 Preliminary Division 1 s. 51 1 Part 4 -- Management of fisheries 2 Division 1 -- Preliminary 3 51. Terms used 4 In this Part -- 5 management plan, in relation to a managed fishery licence, 6 means the management plan in respect of which the managed 7 fishery licence is granted; 8 unit, in relation to an entitlement, means a unit as defined from 9 time to time in the relevant management plan. 10 Division 2 -- Administrative matters relating to management 11 of fisheries 12 52. Application for grant, renewal, variation or transfer of 13 managed fishery licence or entitlement 14 (1) A person may apply to the CEO for -- 15 (a) a managed fishery licence to undertake a fishing activity 16 in a managed fishery; or 17 (b) the renewal of a managed fishery licence; or 18 (c) the variation of a managed fishery licence; or 19 (d) the transfer of a managed fishery licence to another 20 person; or 21 (e) the transfer of part of the entitlement under a managed 22 fishery licence to another managed fishery licence; or 23 (f) the transfer of the whole or part of an entitlement under 24 a managed fishery licence to another managed fishery 25 licence for a limited period. 26 (2) An application must -- 27 (a) be made in an approved form; and 28 (b) be accompanied by the fee (if any) prescribed or 29 specified in the management plan; and page 43 Aquatic Resources Management Bill 2015 Part 4 Management of fisheries Division 2 Administrative matters relating to management of fisheries s. 53 1 (c) be accompanied by any information that the CEO 2 reasonably requires for a proper consideration of the 3 application. 4 53. Further information 5 (1) The CEO may, in writing, require an applicant to -- 6 (a) provide the CEO with such further information relevant 7 to the application as the CEO requires; and 8 (b) verify any information by statutory declaration. 9 (2) The CEO may specify in the requirement a reasonable time 10 within which the applicant must comply with the requirement. 11 (3) The CEO may refuse to consider an application if the applicant 12 does not comply with a requirement under subsection (1) within 13 the time specified in the requirement, or if no time is so 14 specified, within a reasonable time. 15 54. Grant of managed fishery licence 16 (1) The CEO may grant a managed fishery licence to an applicant 17 if -- 18 (a) the CEO is satisfied that the applicant meets any criteria 19 for the grant of the managed fishery licence specified in 20 the management plan; and 21 (b) the applicant is selected in accordance with any 22 procedure for determining which persons are to be 23 granted a managed fishery licence specified in the 24 management plan. 25 (2) In accordance with the Personal Property Securities Act 2009 26 (Commonwealth) section 10 in paragraph (d) of the definition of 27 licence, a managed fishery licence is declared not to be personal 28 property for the purposes of that Act. 29 55. Form of managed fishery licence 30 A managed fishery licence is to be issued in an approved form. page 44 Aquatic Resources Management Bill 2015 Management of fisheries Part 4 Administrative matters relating to management of Division 2 fisheries s. 56 1 56. Effect of managed fishery licence 2 (1) Subject to this Act, the holder of a managed fishery licence, or a 3 person acting on behalf of the holder, may undertake fishing or 4 any fishing activity of a specified class in a specified managed 5 fishery. 6 (2) The entitlement the holder has under a managed fishery licence 7 may be limited by reference to one or more of the following -- 8 (a) a quantity of aquatic organisms that may be taken; 9 (b) a quantity of fishing gear that may be used or carried; 10 (c) the type, size or number of boats or other vehicles that 11 may be used; 12 (d) a number of persons that may operate; 13 (e) an area of land or waters; 14 (f) a period of time; 15 (g) any other factor. 16 (3) For the purposes of subsection (2), the extent of an entitlement 17 under a managed fishery licence may be expressed in terms of 18 units of entitlement defined in the management plan. 19 (4) The authority conferred by a managed fishery licence is of no 20 effect at any time when -- 21 (a) a condition of the managed fishery licence is being 22 contravened; or 23 (b) the managed fishery licence is suspended. 24 57. Duration of managed fishery licence 25 (1) A managed fishery licence has effect from the day it is granted 26 or renewed. 27 (2) A managed fishery licence, unless sooner cancelled, remains in 28 force for -- 29 (a) the period specified in the managed fishery licence; or page 45 Aquatic Resources Management Bill 2015 Part 4 Management of fisheries Division 2 Administrative matters relating to management of fisheries s. 58 1 (b) if no period is specified in the managed fishery licence, 2 the period specified in the management plan; or 3 (c) if no period is specified in the managed fishery licence 4 or the management plan, a period of 12 months. 5 (3) A managed fishery licence is cancelled if the management plan 6 for the fishery in respect of which the managed fishery licence 7 is granted is revoked. 8 58. Renewal of managed fishery licence 9 (1) In this section -- 10 expiry day, in relation to a managed fishery licence, means the 11 day on which the managed fishery licence expires. 12 (2) Subject to this section and section 134, the CEO must, on an 13 application referred to in section 52(1)(b), renew the managed 14 fishery licence. 15 (3) An application for the renewal of a managed fishery licence 16 must be made to the CEO before the expiry day. 17 (4) The CEO may, by written notice, accept an application for the 18 renewal of a managed fishery licence made within 180 days 19 after the expiry day if -- 20 (a) the application is accompanied by -- 21 (i) the prescribed fee for making an application for 22 renewal of the managed fishery licence after 23 expiry; and 24 (ii) the additional fee referred to in subsection (7) if 25 applicable; 26 and 27 (b) the CEO is satisfied that special circumstances warrant 28 acceptance of the application. 29 (5) For the purposes of subsection (4)(b), the CEO may be satisfied 30 that special circumstances warrant acceptance of an application page 46 Aquatic Resources Management Bill 2015 Management of fisheries Part 4 Administrative matters relating to management of Division 2 fisheries s. 59 1 for renewal of a managed fishery licence if the application is 2 made -- 3 (a) on or before a day that is prescribed by the regulations 4 for the purposes of this paragraph; and 5 (b) within 60 days after the expiry day. 6 (6) If a managed fishery licence is renewed on an application 7 accepted under subsection (4), the managed fishery licence is 8 taken -- 9 (a) to have been renewed from the day on which the 10 renewal was effected; and 11 (b) to have been of no effect during the period from the 12 expiry day until the day on which it was renewed; and 13 (c) to be renewed for a period ending on the day on which 14 the managed fishery licence would have expired if it had 15 been renewed on an application for renewal made before 16 the expiry day. 17 (7) The regulations may prescribe, or a management plan may 18 specify, an additional fee payable by way of penalty for a 19 managed fishery licence renewed on an application accepted 20 under subsection (4). 21 59. Conditions on managed fishery licence 22 (1) A managed fishery licence is subject to -- 23 (a) any condition specified in the management plan; and 24 (b) any condition imposed by the CEO under this section. 25 (2) The CEO may impose conditions on a managed fishery 26 licence -- 27 (a) when granting, renewing, varying or transferring the 28 managed fishery licence; or 29 (b) during the currency of the managed fishery licence. 30 (3) The CEO may vary or revoke a condition imposed under 31 subsection (2). page 47 Aquatic Resources Management Bill 2015 Part 4 Management of fisheries Division 2 Administrative matters relating to management of fisheries s. 60 1 (4) The imposition, variation or revocation of a condition during the 2 currency of the managed fishery licence does not take effect 3 until written notice, including notice of any right of review 4 under section 147, is given to the holder of the managed fishery 5 licence. 6 60. Transfer of managed fishery licence and entitlement 7 (1) On an application referred to in section 52(1)(d), the CEO must 8 transfer the managed fishery licence unless the CEO is satisfied 9 that -- 10 (a) the proposed transferee -- 11 (i) is not a fit and proper person to hold the 12 managed fishery licence; or 13 (ii) does not satisfy guidelines under section 255 14 relating to foreign persons holding, controlling or 15 having an interest in a managed fishery licence; 16 or 17 (b) the applicant, or a person acting for or on behalf of the 18 applicant, may be liable to prosecution for an offence 19 that is prescribed for the purposes of section 209; or 20 (c) the managed fishery licence is suspended; or 21 (d) the transfer is prohibited on prescribed grounds or 22 grounds specified in the management plan. 23 (2) On an application referred to in section 52(1)(e), the CEO must 24 transfer the part of the entitlement unless the CEO is satisfied 25 that -- 26 (a) the applicant, or a person acting for or on behalf of the 27 applicant may be liable to prosecution for, an offence 28 that is prescribed for the purposes of section 209; or 29 (b) the entitlement to be transferred is under a managed 30 fishery licence -- 31 (i) that is suspended; or page 48 Aquatic Resources Management Bill 2015 Management of fisheries Part 4 Administrative matters relating to management of Division 2 fisheries s. 61 1 (ii) in respect of which a conviction is recorded 2 under section 209; 3 (c) the transfer is prohibited on prescribed grounds or 4 grounds specified in the management plan. 5 (3) On an application referred to in section 52(1)(f), the CEO may 6 transfer the whole or part of an entitlement under the managed 7 fishery licence for a limited period if the management plan or 8 the regulations authorise the transfer. 9 (4) If, under section 156, the CEO gives written details of an 10 application referred to in this section to a security holder the 11 CEO must not transfer the managed fishery licence or the part 12 of the entitlement unless -- 13 (a) 21 days has expired from the day on which the details 14 were given; or 15 (b) the CEO has the written consent of the holder of the 16 managed fishery licence and the security holder to do so. 17 61. Other licences do not authorise fishing in fishery 18 A commercial fishing licence or any other licence granted under 19 the regulations does not authorise a person to undertake a 20 fishing activity or to use a boat for fishing in a managed fishery. 21 62. Grant or renewal of managed fishery licence in certain 22 marine reserves 23 The CEO must not grant or renew a managed fishery licence in 24 relation to -- 25 (a) an area of a marine nature reserve; or 26 (b) an area, or part of an area, of a marine park from which 27 commercial fishing is excluded under the CALM Act 28 section 13B(6A)(a); or page 49 Aquatic Resources Management Bill 2015 Part 4 Management of fisheries Division 3 Offences s. 63 1 (c) an area, or part of an area, of a marine park if the 2 managed fishery licence would authorise commercial 3 fishing that is of a type or class -- 4 (i) specified in a declaration under the CALM Act 5 section 13B(3B)(c); and 6 (ii) excluded under the CALM Act section 13B(6)(b) 7 from that area or part. 8 63. Managed fishery licence is subject to restrictions in relation 9 to certain marine reserves 10 (1) A managed fishery licence is subject to the CALM Act 11 sections 13A and 13B. 12 (2) Subsection (1) does not apply to a managed fishery licence 13 granted or renewed in relation to an area which is affected, after 14 the grant or renewal of the managed fishery licence, by a 15 reservation under the CALM Act section 13, or by a notice 16 under section 62 of that Act. 17 Division 3 -- Offences 18 64. Contravening management plan 19 (1) In this section -- 20 prohibited conduct means conduct that contravenes a provision 21 of a management plan the contravention of which is specified in 22 the plan to be an offence. 23 (2) A person who engages in prohibited conduct commits an 24 offence against this subsection if the person -- 25 (a) intends to contravene a condition of a management plan; 26 or 27 (b) is reckless as to whether or not a condition of a 28 management plan is contravened. 29 Penalty: 30 (a) for a first offence, a fine of $40 000; page 50 Aquatic Resources Management Bill 2015 Management of fisheries Part 4 Offences Division 3 s. 65 1 (b) for a second or subsequent offence, a fine of $80 000 2 and imprisonment for 12 months. 3 (3) A person who engages in prohibited conduct commits an 4 offence. 5 Penalty: a fine of $15 000. 6 (4) A person charged with an offence against subsection (2) may be 7 convicted of an offence against subsection (3) if that offence is 8 established by the evidence. 9 65. Contravening condition of managed fishery licence 10 (1) In this section -- 11 prohibited conduct means conduct that contravenes a condition 12 of a managed fishery licence. 13 (2) A person who engages in prohibited conduct commits an 14 offence against this subsection if the person -- 15 (a) intends to contravene a condition of a managed fishery 16 licence; or 17 (b) is reckless as to whether or not a condition of a managed 18 fishery licence is contravened. 19 Penalty: 20 (a) for a first offence, a fine of $40 000; 21 (b) for a second or subsequent offence, a fine of $80 000 22 and imprisonment for 12 months. 23 (3) A person who engages in prohibited conduct commits an 24 offence. 25 Penalty: a fine of $15 000. 26 (4) A person charged with an offence against subsection (2) may be 27 convicted of an offence against subsection (3) if that offence is 28 established by the evidence. page 51 Aquatic Resources Management Bill 2015 Part 4 Management of fisheries Division 3 Offences s. 66 1 66. Court to order reduction of entitlement in certain 2 circumstances 3 (1) This section applies to an entitlement limited by reference to -- 4 (a) a quantity of aquatic organisms that may be taken; or 5 (b) a quantity of fishing gear that may be used or carried; or 6 (c) a period of time that a person may undertake fishing. 7 (2) A court must order that an entitlement be reduced by an amount 8 by which the entitlement has been exceeded if -- 9 (a) the court convicts a person of an offence against 10 section 64 or 65; and 11 (b) the court is satisfied that the person -- 12 (i) has exceeded the entitlement; or 13 (ii) has done anything in order to exceed the 14 entitlement or in order to conceal the fact that the 15 entitlement had been exceeded; 16 and 17 (c) the amount by which the entitlement was exceeded or 18 was to be exceeded can be ascertained by the court. 19 (3) For the purposes of subsection (2), the court must round the 20 amount by which an entitlement is to be reduced up to the 21 nearest unit if -- 22 (a) the entitlement was defined by reference to a number of 23 units; and 24 (b) the amount by which the entitlement was exceeded or 25 was to be exceeded is not an exact unit. 26 (4) If the court orders the reduction of an entitlement under 27 subsection (2) -- 28 (a) the CEO must reduce the entitlement accordingly; and page 52 Aquatic Resources Management Bill 2015 Management of fisheries Part 4 Offences Division 3 s. 66 1 (b) the CEO may sell the amount by which the entitlement 2 has been reduced -- 3 (i) to any person who satisfies the criteria specified 4 in the management plan; and 5 (ii) in the way specified in the management plan. page 53 Aquatic Resources Management Bill 2015 Part 5 Aquaculture Division 1 Preliminary s. 67 1 Part 5 -- Aquaculture 2 Division 1 -- Preliminary 3 67. Terms used 4 In this Part -- 5 appropriate tenure means -- 6 (a) in relation to private land -- 7 (i) an estate of freehold; or 8 (ii) a conditional purchase agreement; or 9 (iii) a lease; or 10 (iv) a concession; 11 (b) in relation to other land or WA waters -- an aquaculture 12 lease; 13 aquaculture zone means an area declared to be a zone under 14 section 72(1); 15 coastal waters, in relation to the State, has the meaning given in 16 the Commonwealth Act section 5; 17 management and environmental monitoring plan (MEMP), in 18 relation to an aquaculture licence or a proposed aquaculture 19 licence, means a plan prepared in respect of the licence that 20 complies with section 75(3); 21 private land does not include land that is the subject of an 22 aquaculture lease. 23 68. Relationship between aquaculture licence and aquaculture 24 lease 25 (1) An aquaculture lease does not authorise the use of the leased 26 area without an aquaculture licence. page 54 Aquatic Resources Management Bill 2015 Aquaculture Part 5 Managing aquaculture Division 2 s. 69 1 (2) Subject to the provisions of this Act, an aquaculture licence in 2 respect of an area that is the subject of an aquaculture lease -- 3 (a) vests in the licence holder the exclusive right during the 4 currency of the licence to conduct the activities 5 authorised under the lease; and 6 (b) vests in the licence holder the ownership of all aquatic 7 organisms or pearls within the leased area that are kept, 8 bred, hatched, cultured or harvested under the licence. 9 (3) If an aquaculture licence authorising the activity being carried 10 out in an area the subject of an aquaculture lease is cancelled or 11 not renewed, the lease is, by virtue of this subsection, 12 terminated. 13 (4) If an aquaculture lease is terminated or expires -- 14 (a) an aquaculture licence that authorises an activity being 15 carried out only in an area that was the subject of the 16 lease is, by virtue of this subsection, cancelled; or 17 (b) an aquaculture licence that authorises an activity being 18 carried in an area that was the subject of the lease and in 19 another area is, by virtue of this subsection, varied so 20 that it no longer authorises the activities being carried 21 out in the area that was the subject of the lease. 22 Division 2 -- Managing aquaculture 23 69. Undertaking aquaculture without authorisation 24 (1) In this section -- 25 aquaculture does not include the keeping, breeding, hatching, 26 culturing, harvesting or sale of aquatic organisms of a 27 prescribed class, for a prescribed purpose or in a prescribed 28 area. page 55 Aquatic Resources Management Bill 2015 Part 5 Aquaculture Division 2 Managing aquaculture s. 70 1 (2) A person who undertakes aquaculture without being authorised 2 to do so by an aquaculture licence or a temporary aquaculture 3 permit commits an offence. 4 Penalty: 5 (a) for a first offence, a fine of $10 000; 6 (b) for a second or subsequent offence, a fine of $20 000. 7 70. Regulations about aquaculture 8 The regulations may make provision in relation to any of the 9 following matters -- 10 (a) aquaculture and activities associated with aquaculture; 11 (b) the sale or purchase of aquatic organisms in, or taken 12 from, waters on private land; 13 (c) aquaculture leases, including the subdivision, subletting, 14 amalgamation and transfer of leases by the Minister. 15 71. CEO's powers to reduce risk of accidental introduction of 16 declared organisms into WA waters 17 (1) In this section -- 18 intervene, in relation to aquatic organisms, includes to inspect, 19 seize and destroy aquatic organisms. 20 (2) The CEO may direct a compliance officer to intervene in 21 relation to an aquatic organism if -- 22 (a) the aquatic organism is kept in connection with an 23 activity that is excluded from the definition of 24 aquaculture in section 69(1); and 25 (b) in the circumstances, intervention will or could 26 minimise the risk of the accidental introduction of 27 declared organisms into WA waters. page 56 Aquatic Resources Management Bill 2015 Aquaculture Part 5 Developing aquaculture Division 3 s. 72 1 Division 3 -- Developing aquaculture 2 72. Minister may declare zones for aquaculture 3 (1) The Minister may, by notice in writing, declare that an area of 4 WA waters, other than inland waters, described in the notice is a 5 zone for the purposes of carrying out aquaculture or a specified 6 type of aquaculture. 7 (2) The Minister must not make a declaration under subsection (1) 8 in respect of waters within the limits of the State or coastal 9 waters unless the Minister -- 10 (a) has the agreement of the Minister who administers the 11 Land Administration Act 1997; and 12 (b) has consulted with the CALM Minister. 13 (3) A type of aquaculture may be specified by reference to one or 14 both of the following -- 15 (a) the species of aquatic organisms that may be farmed; 16 (b) the activities that may be carried out. 17 (4) A notice under subsection (1) is subsidiary legislation for the 18 purposes of the Interpretation Act 1984. 19 73. Minister may offer area in aquaculture zone for lease 20 The Minister may offer areas of WA waters in an aquaculture 21 zone for aquaculture leases by means of public auction, public 22 tender, ballot or private treaty. 23 74. Minister's powers as to aquaculture facilities 24 (1) The Minister may -- 25 (a) establish or manage aquaculture facilities to be used for 26 community or commercial purposes; or 27 (b) arrange for aquaculture facilities established by the 28 Minister to be managed or used for community or 29 commercial purposes; or page 57 Aquatic Resources Management Bill 2015 Part 5 Aquaculture Division 3 Developing aquaculture s. 74 1 (c) arrange for other persons to establish and manage 2 aquaculture facilities on -- 3 (i) land owned by the Minister, including in fee 4 simple; or 5 (ii) any reserve the care, control and management of 6 which have been placed under the Land 7 Administration Act 1997 section 46 with the 8 Minister for the purposes of aquaculture. 9 (2) The Minister may do all things necessary or convenient to be 10 done for or in connection with the exercise of the Minister's 11 powers under subsection (1) which may include any of the 12 following -- 13 (a) to acquire, hold, take on lease, let, sublet, issue licences 14 in respect of and exchange real or personal property; 15 (b) to construct or erect buildings or other works and to 16 improve, develop or alter property; 17 (c) to make land, buildings and other facilities available for 18 the use of persons undertaking aquaculture or associated 19 activities; 20 (d) to provide advisory or administrative services for or in 21 connection with establishing, conducting or developing 22 any activity associated with the aquaculture industry; 23 (e) to demand and receive payment with respect to the 24 provision of services or the performance of any work by 25 or on behalf of the Minister. 26 (3) Subsection (2) does not operate to give the Minister any power 27 in relation to property that would be inconsistent with -- 28 (a) the terms of any reserve or management order under the 29 Land Administration Act 1997; or 30 (b) any lease, other document or provision of a written law 31 by which the Minister holds that property. page 58 Aquatic Resources Management Bill 2015 Aquaculture Part 5 Aquaculture licences Division 4 s. 75 1 Division 4 -- Aquaculture licences 2 75. Application for grant or renewal of aquaculture licence 3 (1) A person may apply to the CEO for -- 4 (a) an aquaculture licence to undertake aquaculture; or 5 (b) the renewal of an aquaculture licence; or 6 (c) the variation of an aquaculture licence; or 7 (d) the transfer of an aquaculture licence. 8 (2) An application must -- 9 (a) be made in an approved form; and 10 (b) be accompanied by the prescribed fee for the 11 application; and 12 (c) if the application is for the renewal of a licence, be 13 accompanied by the fee for the renewal of the licence; 14 and 15 (d) unless the applicant is exempt under subsection (4), be 16 accompanied by a management and environmental 17 monitoring plan (MEMP) for the licence or proposed 18 licence identifying how the applicant will manage any 19 risks to the environment and public safety in relation to 20 the activity to which the licence applies or will apply; 21 and 22 (e) be accompanied by any information that the CEO 23 reasonably requires for a proper consideration of the 24 application. 25 (3) A MEMP for an aquaculture licence must deal with the 26 following matters to the extent that is relevant to the application 27 in accordance with guidelines issued under section 254 -- 28 (a) the species of aquatic organism to be farmed; 29 (b) the quantity of aquatic organisms to be farmed; 30 (c) the area of land or waters on or in which the aquatic 31 organisms are to be farmed; page 59 Aquatic Resources Management Bill 2015 Part 5 Aquaculture Division 4 Aquaculture licences s. 76 1 (d) the class of land or waters on or in which the aquatic 2 organisms are to be farmed; 3 (e) the method of farming the aquatic organisms; 4 (f) the aquaculture gear to be used; 5 (g) proposed stocking densities; 6 (h) the carrying capacity of the area to be used for farming 7 the aquatic organisms; 8 (i) water quality (including discharged water quality) and 9 relevant response protocols; 10 (j) sediment quality and relevant response protocols; 11 (k) disease testing and relevant response protocols; 12 (l) maximum nutrient loads and response thresholds; 13 (m) environmental monitoring and relevant response 14 protocols; 15 (n) translocation; 16 (o) biosecurity and quarantine; 17 (p) the impact on protected aquatic organisms and other 18 aquatic fauna; 19 (q) the impact on benthic communities; 20 (r) the audit mechanisms for the MEMP; 21 (s) any other relevant matter. 22 (4) The CEO may exempt an application from the requirements of 23 subsection (2)(d) if the application relates to aquaculture of 24 prescribed aquatic organisms on private land. 25 76. Further information 26 (1) The CEO may, in writing, require an applicant under section 75 27 to -- 28 (a) provide the CEO with such further information relevant 29 to the application as the CEO requires; and 30 (b) verify any information by statutory declaration. page 60 Aquatic Resources Management Bill 2015 Aquaculture Part 5 Aquaculture licences Division 4 s. 77 1 (2) The CEO may specify in the requirement a reasonable time 2 within which the applicant must comply with the requirement. 3 (3) The CEO may refuse to consider an application if the 4 application does not comply with a requirement under 5 subsection (1) within the time specified in the requirement, or if 6 no time is so specified, within a reasonable time. 7 77. Grant of aquaculture licence 8 (1) Subject to section 85, the CEO may grant an aquaculture licence 9 to an applicant if the CEO is satisfied -- 10 (a) that the applicant is a fit and proper person to hold an 11 aquaculture licence; and 12 (b) that the applicant has, or will have, appropriate tenure 13 over the land or waters on or in which the activities 14 under the licence are to be conducted; and 15 (c) that the applicant satisfies guidelines under section 255 16 relating to foreign persons holding, controlling or having 17 an interest in an aquaculture licence; and 18 (d) that the activities to be carried out under the licence will 19 be carried out in a way that is unlikely to adversely 20 affect other aquatic organisms or the aquatic 21 environment; and 22 (e) that the activities to be carried out under the licence 23 have been approved by all other relevant authorities; and 24 (f) that it is in the better interests of the State and the 25 community to grant the licence; and 26 (g) of any other matters prescribed for the purposes of this 27 subsection. 28 (2) The CEO may seek the advice of any relevant authority in order 29 to determine whether or not subsection (1)(e) is satisfied. 30 (3) In accordance with the Personal Property Securities Act 2009 31 (Commonwealth) section 10 in paragraph (d) of the definition of page 61 Aquatic Resources Management Bill 2015 Part 5 Aquaculture Division 4 Aquaculture licences s. 78 1 licence, an aquaculture licence is declared not to be personal 2 property for the purposes of that Act. 3 78. Form of aquaculture licence 4 An aquaculture licence is to be issued in an approved form. 5 79. CEO to publish notice of certain decisions relating to 6 aquaculture licences 7 (1) Before giving effect to a decision to grant, vary or transfer an 8 aquaculture licence the CEO must -- 9 (a) cause notice of the decision to be published in a 10 newspaper, or in a fishing magazine, circulating 11 generally in the State or in such other manner as is 12 prescribed; and 13 (b) allow sufficient time for any affected person to make an 14 application under Part 9 for a review of the decision and 15 for the review application to be determined. 16 (2) A notice under subsection (1) must -- 17 (a) give details of the decision; and 18 (b) state that an affected person may, under section 147, 19 apply for a review of the decision. 20 80. Effect of aquaculture licence 21 (1) Subject to this Act, the holder of an aquaculture licence or a 22 person acting on behalf of the holder, may carry out aquaculture 23 or any aquaculture activity of a specified class in a specified 24 area. 25 (2) The activities authorised by an aquaculture licence may be 26 limited by reference to one or more of the following -- 27 (a) the species of aquatic organisms that may be farmed; 28 (b) a quantity and type of gear that may be used; 29 (c) the type, size or number of boats or other vehicles that 30 may be used; page 62 Aquatic Resources Management Bill 2015 Aquaculture Part 5 Aquaculture licences Division 4 s. 81 1 (d) an area of land or waters; 2 (e) any other factor. 3 (3) The authority conferred by an aquaculture licence is of no effect 4 at any time when -- 5 (a) a condition of the licence is being contravened; or 6 (b) the licence is suspended. 7 81. Duration of aquaculture licence 8 (1) An aquaculture licence has effect from the day it is granted or 9 renewed. 10 (2) An aquaculture licence, unless sooner cancelled, remains in 11 force for -- 12 (a) a period of 12 months; or 13 (b) such other period as may be specified in the licence. 14 82. Renewal of aquaculture licence 15 Subject to sections 85 and 134, the CEO -- 16 (a) must, on an application for the renewal of an 17 aquaculture licence made more than 30 days before the 18 day on which the licence expires, renew the licence; and 19 (b) may, on an application for the renewal of an aquaculture 20 licence made in the period of 30 days ending on the day 21 on which the licence expires, renew the licence. 22 83. Conditions on aquaculture licences 23 (1) An aquaculture licence is subject to the following conditions -- 24 (a) that the licence holder has appropriate tenure over the 25 land or waters to which the licence applies; 26 (b) any prescribed conditions; 27 (c) that the requirements set out in the MEMP (if any) for 28 the licence are complied with; 29 (d) any conditions imposed by the CEO under this section. page 63 Aquatic Resources Management Bill 2015 Part 5 Aquaculture Division 4 Aquaculture licences s. 84 1 (2) The CEO may impose conditions on an aquaculture licence -- 2 (a) when granting, renewing, varying or transferring the 3 licence; or 4 (b) during the currency of the licence. 5 (3) The CEO may vary or revoke conditions imposed under 6 subsection (2). 7 (4) The imposition, variation or revocation of a condition during the 8 currency of the licence does not take effect until written notice, 9 including notice of any right of review under section 147, is 10 given to the holder of the licence. 11 84. Transfer of aquaculture licence 12 (1) On an application by the holder of an aquaculture licence for the 13 transfer of the licence to another person, the CEO must transfer 14 the licence unless the CEO is satisfied that -- 15 (a) the proposed transferee -- 16 (i) is not a fit and proper person to hold the licence; 17 or 18 (ii) does not, or will not have, appropriate tenure 19 over the land or waters to which the licence 20 relates; or 21 (iii) does not satisfy guidelines under section 255 22 relating to foreign persons holding, controlling or 23 having an interest in the licence; 24 or 25 (b) the transfer is prohibited on prescribed grounds. 26 (2) If, under section 156, the CEO gives written details of an 27 application for the transfer of an aquaculture licence to a 28 security holder the CEO must not transfer the aquaculture 29 licence unless -- 30 (a) 21 days has expired from the day on which the details 31 were given; or page 64 Aquatic Resources Management Bill 2015 Aquaculture Part 5 Aquaculture licences Division 4 s. 85 1 (b) the CEO has the written consent of the holder of the 2 aquaculture licence and the security holder to do so. 3 85. Grant or renewal of aquaculture licence in certain marine 4 reserves 5 (1) For the purposes of this section -- 6 (a) an aquaculture licence is unattached if it does not relate 7 to any area under an aquaculture lease; and 8 (b) where an aquaculture licence relates in part to an area 9 under an aquaculture lease and in part to areas not under 10 an aquaculture lease, the licence must be treated as 11 2 separate licences, being -- 12 (i) an aquaculture licence in relation to the areas 13 under an aquaculture lease; and 14 (ii) an aquaculture licence in relation to the areas not 15 under an aquaculture lease. 16 (2) The CEO must not grant or renew an aquaculture licence in 17 relation to -- 18 (a) an area of a marine nature reserve; or 19 (b) an area of a marine park from which aquaculture is 20 excluded under the CALM Act section 13B. 21 (3) Unless subsection (4) applies, the CEO must not, without the 22 approval of the CALM Minister, renew an aquaculture licence 23 that would authorise a person to carry out aquaculture in -- 24 (a) an area of a marine park from which aquaculture is not 25 excluded under the CALM Act section 13B; or 26 (b) an area of a marine management area. 27 (4) The CEO may renew an unattached aquaculture licence that 28 would authorise a person to carry out aquaculture in an area 29 referred to in subsection (3) if -- 30 (a) a management plan applies to the area under the CALM 31 Act and the renewal is consistent with the management 32 plan; or page 65 Aquatic Resources Management Bill 2015 Part 5 Aquaculture Division 4 Aquaculture licences s. 86 1 (b) the Minister has consulted the CALM Minister on the 2 renewal and has taken into account any recommendation 3 of that Minister. 4 (5) Nothing in this section prevents an aquaculture licence from 5 being renewed in respect of a part of an area to which the 6 licence relates if the remainder of the area becomes -- 7 (a) an area of a marine nature reserve; or 8 (b) an area of a marine park; or 9 (c) an area of a marine management area. 10 (6) Subsections (2) and (3) do not affect the validity of a licence 11 granted or renewed in relation to an area which is affected, after 12 the grant or renewal of the licence, by a reservation under the 13 CALM Act section 13, or by a notice under section 62 of that 14 Act. 15 86. Contravening aquaculture licence 16 A person who contravenes a condition of an aquaculture licence 17 commits on offence. 18 Penalty: 19 (a) for a first offence, a fine of $10 000; 20 (b) for a second or subsequent offence, a fine of $20 000. 21 87. Temporary aquaculture permits 22 (1) The CEO may grant a temporary aquaculture permit to the 23 holder of an aquaculture licence authorising the licence holder 24 to carry on, for the period specified, the activities authorised 25 under the licence in an area (an alternative area) other than the 26 area (the original area) in respect of which the licence is in 27 force. 28 (2) A temporary aquaculture permit may be granted only in 29 circumstances prescribed for the purposes of this section. page 66 Aquatic Resources Management Bill 2015 Aquaculture Part 5 Aquaculture leases Division 5 s. 88 1 (3) A temporary aquaculture permit cannot be granted for a period 2 of more than 12 months. 3 (4) A temporary aquaculture permit has the effect, for the period 4 specified, of -- 5 (a) suspending the licence holder's authority to carry on the 6 activities authorised under the licence in the original 7 area; and 8 (b) authorising the licence holder to carry on those activities 9 in accordance with the permit in the alternative area. 10 Division 5 -- Aquaculture leases 11 88. Grant or renewal of aquaculture lease 12 (1) Subject to section 93, the Minister may grant to any person an 13 aquaculture lease or renew such a lease if the Minister is 14 satisfied -- 15 (a) that the person is a fit and proper person to hold the 16 lease; and 17 (b) that the applicant will make, or has made, effective use 18 of the area of land or water the subject of the lease for 19 aquaculture purposes; and 20 (c) that the activities to be, or that are being, conducted 21 under the lease are unlikely to adversely affect other 22 aquatic organisms or the aquatic environment; and 23 (d) that it is in the better interests of the State and the 24 community to grant or renew the lease; and 25 (e) of any other matters prescribed for the purposes of this 26 subsection. 27 (2) The Minister must not grant a lease under this section in respect 28 of an area of land or an area of land and waters adjacent to that 29 land unless the area is vested in the Minister for that purpose. 30 (3) If the Minister grants a lease under this section, the Minister 31 must cause notice of the grant to be published in the Gazette. page 67 Aquatic Resources Management Bill 2015 Part 5 Aquaculture Division 5 Aquaculture leases s. 89 1 89. Effect of aquaculture lease 2 An aquaculture lease authorises the lease holder, or persons 3 acting on that person's behalf, to occupy or use an area of land 4 or waters for the purposes of aquaculture. 5 90. Duration of aquaculture lease 6 (1) An aquaculture lease may be granted for an initial term not 7 exceeding 21 years. 8 (2) An aquaculture lease may be renewed by the Minister, subject 9 to section 93, for further periods not exceeding 21 years in each 10 case. 11 91. Conditions of aquaculture lease 12 (1) An aquaculture lease is subject to the following conditions -- 13 (a) that the provisions of the lease are complied with; 14 (b) any prescribed conditions; 15 (c) any conditions imposed by the Minister under this 16 section. 17 (2) The Minister may impose conditions on an aquaculture lease -- 18 (a) when granting, renewing or varying the lease; or 19 (b) during the currency of the lease. 20 (3) The Minister may vary or revoke conditions imposed under 21 subsection (2). 22 (4) The conditions that may be imposed on a lease under 23 subsection (2) may include, but are not limited to, the 24 following -- 25 (a) a requirement for payment of money to the Minister; 26 (b) a requirement for security to be given for the observance 27 of any terms, covenants, restrictions or conditions of the 28 lease; 29 (c) a requirement for the lease holder to pay an amount to 30 secure payment of any amount that becomes due under 31 section 96(2)(b). page 68 Aquatic Resources Management Bill 2015 Aquaculture Part 5 Aquaculture leases Division 5 s. 92 1 (5) The imposition, variation or revocation of a condition during the 2 currency of the lease does not take effect until written notice, 3 including notice of any right of review under section 147, is 4 given to the holder of the lease. 5 92. Variation of aquaculture lease 6 An aquaculture lease may be varied -- 7 (a) in the manner provided in the lease; or 8 (b) by the Minister in the manner prescribed under 9 section 70(c). 10 93. Grant or renewal of lease in certain marine reserves 11 (1) An aquaculture lease must not be granted or renewed in relation 12 to -- 13 (a) an area of a marine nature reserve; or 14 (b) an area of a marine park from which aquaculture is 15 excluded under the CALM Act section 13B. 16 (2) Unless subsection (3) applies, the Minister must not, without the 17 approval of the CALM Minister, grant or renew an aquaculture 18 lease in relation to -- 19 (a) an area of a marine park from which aquaculture is not 20 excluded under the CALM Act section 13B; or 21 (b) an area of a marine management area. 22 (3) The Minister may grant or renew an aquaculture lease in 23 relation to an area for which an aquaculture licence has been 24 renewed under section 85(4) if -- 25 (a) a management plan applies to the area under the CALM 26 Act and the grant or renewal is consistent with a 27 management plan; or 28 (b) the Minister has consulted the CALM Minister on the 29 grant or renewal and has taken into account any 30 recommendation of that Minister. page 69 Aquatic Resources Management Bill 2015 Part 5 Aquaculture Division 5 Aquaculture leases s. 94 1 (4) Nothing in this section prevents an aquaculture lease from being 2 renewed in respect of a part of an area to which the lease relates 3 if the remainder of the area becomes -- 4 (a) an area of a marine nature reserve; or 5 (b) an area of a marine park; or 6 (c) an area of a marine management area. 7 (5) This section does not affect the validity of -- 8 (a) an aquaculture lease granted or renewed before the 9 commencement of the Acts Amendment (Marine 10 Reserves) Act 1997 section 53; or 11 (b) an aquaculture lease granted or renewed in relation to an 12 area which is affected, after the grant or renewal of the 13 lease, by a reservation under the CALM Act section 13, 14 or by a notice under section 62 of that Act. 15 94. Contravening conditions of aquaculture lease 16 (1) In this section -- 17 jointly owned, in relation to an aquaculture licence or an 18 aquaculture lease, means that the licence or lease is held by 2 or 19 more persons; 20 prohibited conduct means conduct that contravenes a condition 21 of an aquaculture lease. 22 (2) The holder of an aquaculture lease who engages in prohibited 23 conduct commits an offence. 24 (3) The holder of an aquaculture licence in respect of an area to 25 which an aquaculture lease relates who engages in conduct that 26 would have been prohibited conduct if engaged in by the lease 27 holder commits an offence. 28 (4) If a person who is a holder of a jointly owned aquaculture 29 licence commits an offence against subsection (3) each other 30 person who is a holder of the licence is taken to have also 31 committed the offence. page 70 Aquatic Resources Management Bill 2015 Aquaculture Part 5 Aquaculture leases Division 5 s. 95 1 (5) If the holder of an aquaculture licence in respect of an area to 2 which an aquaculture lease relates commits or is taken to have 3 committed an offence against subsection (3) or (4), the lease 4 holder is taken to have also committed the offence. 5 (6) If an offence is committed or is taken to have been committed 6 under subsection (2), (3), (4) or (5) in respect of a jointly owned 7 aquaculture lease each person who is a holder of the lease is 8 taken to have committed the offence. 9 (7) The penalty for an offence committed under subsection (2) 10 or (3) or arising under subsection (4), (5) or (6) is -- 11 (a) for a first offence, a fine of $10 000; 12 (b) for a second or subsequent offence, a fine of $20 000. 13 (8) It is a defence to a charge arising under subsection (4), (5) or (6) 14 to prove that -- 15 (a) the conduct that was, or would have been, prohibited 16 conduct was engaged in without the consent or 17 connivance of the person; and 18 (b) the person took all reasonable measures to prevent the 19 conduct being engaged in. 20 (9) A person may be charged with and convicted of an offence 21 arising under subsection (4), (5) or (6) whether or not another 22 person has been charged with or convicted of an offence against 23 subsection (2) or (3) or arising under subsection (4), (5) or (6). 24 95. Termination of aquaculture lease 25 (1) The Minister may, by notice in writing given to the lessee, 26 terminate an aquaculture lease if, in the Minister's opinion, the 27 leased area -- 28 (a) is no longer being used for the purposes for which the 29 lease was granted; or 30 (b) is being used for purposes other than the purposes for 31 which the lease was granted. page 71 Aquatic Resources Management Bill 2015 Part 5 Aquaculture Division 5 Aquaculture leases s. 96 1 (2) An aquaculture lease may be terminated on any other grounds 2 provided in the lease and in the manner provided in the lease. 3 96. Clean-up and rehabilitation of former leased area 4 (1) If an aquaculture lease is terminated or expires, the CEO may 5 direct the former lease holder to clean up and rehabilitate the 6 former leased area. 7 (2) If the former lease holder contravenes the direction -- 8 (a) the CEO may clean up and rehabilitate the area; and 9 (b) the reasonable cost of any action taken under 10 paragraph (a) is recoverable as a debt due to the State 11 from the former lease holder. 12 (3) Any structure, equipment or aquatic organism that has not been 13 removed from a former leased area within 3 months after the 14 day on which the lease for the area is terminated or expires is, 15 by virtue of this section, forfeited to the State. page 72 Aquatic Resources Management Bill 2015 Aquatic biosecurity Part 6 Preliminary Division 1 s. 97 1 Part 6 -- Aquatic biosecurity 2 Division 1 -- Preliminary 3 97. Application of Part 4 This Part applies despite the Biosecurity and Agriculture 5 Management Act 2007. 6 98. Terms used 7 In this Part -- 8 aquatic biosecurity management plan means a plan made 9 under section 102; 10 biosecurity means protection from the adverse impact an 11 organism has or may have on -- 12 (a) an aquatic organism; or 13 (b) a human being; or 14 (c) the aquatic environment or part of the aquatic 15 environment; or 16 (d) fishing, aquaculture or related commercial activities 17 carried on, or intended to be carried on, in the aquatic 18 environment; 19 control, in relation to an organism, includes eradicate, destroy, 20 prevent the presence or spread of, manage, examine or test for, 21 survey for or monitor the presence or spread of, and treat; 22 declared organism means an organism that has been declared 23 under section 99 to be a declared organism; 24 high impact organism means a declared organism that has been 25 prescribed under section 100 to be a high impact organism; 26 potential carrier means -- 27 (a) anything that is capable of carrying an organism; or 28 (b) anything that is capable of carrying anything else that is 29 capable of carrying an organism; page 73 Aquatic Resources Management Bill 2015 Part 6 Aquatic biosecurity Division 2 Regulations relating to biosecurity s. 99 1 prescribed potential carrier means a potential carrier that has 2 been prescribed for the purposes of this Part; 3 supply includes to offer to supply. 4 Division 2 -- Regulations relating to biosecurity 5 99. Declared organisms 6 (1) The Minister may declare that an organism of a kind specified 7 or described in the declaration is a declared organism for an area 8 if there are reasonable grounds for believing that the 9 organism -- 10 (a) has or may have an adverse impact on -- 11 (i) an aquatic organism in the area; or 12 (ii) a human being in the aquatic environment in the 13 area; or 14 (iii) the aquatic environment or part of the aquatic 15 environment in the area; or 16 (iv) fishing, aquaculture or related commercial 17 activities carried out, or intended to be carried 18 out, in the aquatic environment in the area; 19 or 20 (b) may have an adverse effect on any of those things if it 21 were present in the area, or if it were present in the area 22 in greater numbers or to a greater extent. 23 (2) A declaration under this section may assign the declared 24 organism to a category designated by the regulations. 25 (3) A declaration under this section may state that the declared 26 organism is a reportable declared organism for the purposes of 27 section 105. 28 (4) The area for which an organism may be declared to be a 29 declared organism may be the whole or part of the State or 30 WA waters. page 74 Aquatic Resources Management Bill 2015 Aquatic biosecurity Part 6 Regulations relating to biosecurity Division 2 s. 100 1 100. High impact organisms 2 The regulations may prescribe a declared organism to be a high 3 impact organism if -- 4 (a) the Minister is satisfied that the organism has the 5 potential to cause severe damage to the aquatic 6 environment; and 7 (b) the organism -- 8 (i) is not, to the knowledge of the Minister, present 9 in the State or WA waters; or 10 (ii) has been eradicated from the State and 11 WA waters or is under effective control. 12 101. Regulations about biosecurity 13 (1) The regulations may make provision in relation to any of the 14 following matters -- 15 (a) the import, export or control of organisms or potential 16 carriers that may pose a biosecurity risk to the aquatic 17 environment or part of the aquatic environment; 18 (b) the keeping, breeding, cultivation, movement and supply 19 of declared organisms; 20 (c) the entry into, the movement or use within, or the 21 removal from, the aquatic environment or part of the 22 aquatic environment of boats or equipment on or 23 attached to boats that may pose a biosecurity risk; 24 (d) the movement of aquatic organisms or potential carriers 25 into the State or WA waters or between different areas 26 of the State or WA waters; 27 (e) measures, whether mechanical, biological, chemical or 28 otherwise, to be taken to control aquatic organisms that 29 may pose a biosecurity risk or to prevent such organisms 30 from entering the State or WA waters. 31 (2) Despite section 263(4) regulations made for the purpose of this 32 section may provide that contravention of a regulation is an page 75 Aquatic Resources Management Bill 2015 Part 6 Aquatic biosecurity Division 3 Aquatic biosecurity management plans s. 102 1 offence, and provide, for an offence against the regulations, a 2 penalty not exceeding a fine of $50 000 and a daily penalty not 3 exceeding a fine of $500. 4 Division 3 -- Aquatic biosecurity management plans 5 102. Aquatic biosecurity management plans 6 (1) The Minister may make a plan for the management of an area of 7 the State or WA waters for biosecurity purposes. 8 (2) The area may be the whole or part of the State and WA waters. 9 (3) An aquatic biosecurity management plan must -- 10 (a) identify the area or areas to which the plan relates; and 11 (b) set out the objectives to be achieved by the plan; and 12 (c) set out the practices to be followed under the plan; and 13 (d) specify any obligations that are imposed on persons or 14 classes of persons specified in the plan for the purposes 15 of the plan. 16 (4) If a provision of an aquatic biosecurity management plan is 17 inconsistent with a regulation, the regulation prevails to the 18 extent of the inconsistency. 19 (5) An aquatic biosecurity management plan is subsidiary 20 legislation for the purposes of the Interpretation Act 1984, and 21 section 42 of that Act applies to and in relation to a plan as if the 22 plan were a regulation. 23 103. Consultation with affected persons 24 (1) Before making an aquatic biosecurity management plan, the 25 Minister must, as far as is appropriate and practicable, consult 26 with the public authorities and any other persons which or who 27 appear to the Minister to be likely to be -- 28 (a) required to take part in implementing the plan; or 29 (b) put to expense in complying with the plan; or page 76 Aquatic Resources Management Bill 2015 Aquatic biosecurity Part 6 Aquatic biosecurity management plans Division 3 s. 104 1 (c) affected, or interested, in a significant way by the 2 operation of the plan. 3 (2) Consultation may be undertaken in any way that the Minister 4 thinks appropriate in the circumstances, having regard to the 5 proposed plan and the number of persons likely to be affected 6 by its operation. 7 104. Contravening aquatic biosecurity management plan 8 (1) In this section -- 9 prohibited conduct means conduct that contravenes a provision 10 of an aquatic biosecurity management plan the contravention of 11 which is specified in the plan to be an offence. 12 (2) A person who engages in prohibited conduct commits an 13 offence against this subsection if the person -- 14 (a) intends to contravene a condition of an aquatic 15 biosecurity management plan; or 16 (b) is reckless as to whether or not a condition of an aquatic 17 biosecurity management plan is contravened. 18 Penalty: 19 (a) for a first offence, a fine of $40 000; 20 (b) for a second or subsequent offence, a fine of 21 $100 000 and imprisonment for 12 months. 22 (3) A person who engages in prohibited conduct commits an 23 offence. 24 Penalty: a fine of $15 000. 25 (4) A person charged with an offence against subsection (2) may be 26 convicted of an offence against subsection (3) if that offence is 27 established by the evidence. page 77 Aquatic Resources Management Bill 2015 Part 6 Aquatic biosecurity Division 4 Offences relating to biosecurity s. 105 1 Division 4 -- Offences relating to biosecurity 2 105. Duty to report certain declared organisms 3 (1) In this section -- 4 presence, in relation to an organism that is a reportable declared 5 organism, means the presence on or in a place in an area for 6 which the organism is a declared organism of -- 7 (a) the declared organism; or 8 (b) an organism or thing that is infected or infested with the 9 declared organism; 10 reportable declared organism means a declared organism that 11 is stated to be a reportable declared organism in the declaration 12 made under section 99 in relation to the organism. 13 (2) A person who finds or suspects the presence of a reportable 14 declared organism commits an offence if the person does not 15 report the presence or suspected presence to the CEO or a 16 compliance officer in accordance with subsection (3). 17 Penalty: 18 (a) a fine of $20 000; 19 (b) if the declared organism is a high impact organism, a 20 fine of $100 000 and imprisonment for 12 months. 21 (3) A report -- 22 (a) may be made orally or in writing; and 23 (b) must indicate, as far as is practicable, where the 24 reportable declared organism, or the infected or infested 25 organism or thing, was found, or the reasons for 26 suspecting its presence; and 27 (c) must give any other relevant information within the 28 person's knowledge; and 29 (d) must be made within the prescribed period or, if no 30 period is prescribed, as soon as practicable after finding page 78 Aquatic Resources Management Bill 2015 Aquatic biosecurity Part 6 Offences relating to biosecurity Division 4 s. 106 1 the reportable declared organism or suspecting its 2 presence; and 3 (e) must be made in accordance with the regulations (if 4 any); and 5 (f) must be made in accordance with any aquatic 6 biosecurity management plan that applies to the area for 7 which the organism is a reportable declared organism. 8 (4) It is a defence to a charge under subsection (2) to prove that the 9 person did not know, and could not reasonably be expected to 10 have known, that an organism was a reportable declared 11 organism. 12 106. Import restrictions 13 (1) A person who imports an organism into a part of the State or 14 WA waters for which the organism is a declared organism 15 without being authorised to do so by the regulations commits an 16 offence. 17 Penalty: 18 (a) a fine of $50 000; 19 (b) if the declared organism is a high impact organism, a 20 fine of $100 000 and imprisonment for 12 months. 21 (2) A person who imports a prescribed potential carrier into the 22 State or WA waters without being authorised to do so by the 23 regulations commits an offence. 24 Penalty: 25 (a) a fine of $50 000; 26 (b) if the prescribed potential carrier is prescribed as a 27 potential carrier of a high impact organism, a fine of 28 $100 000 and imprisonment for 12 months. page 79 Aquatic Resources Management Bill 2015 Part 6 Aquatic biosecurity Division 4 Offences relating to biosecurity s. 107 1 107. Supply of unlawful import 2 (1) A person who supplies a declared organism or a prescribed 3 potential carrier that was imported in contravention of 4 section 106 commits an offence. 5 Penalty: 6 (a) a fine if $50 000; 7 (b) if the declared organism is a high impact organism or 8 the prescribed potential carrier is prescribed as a 9 potential carrier of a high impact organism, a fine of 10 $100 000 and imprisonment for 12 months. 11 (2) It is a defence to a charge under subsection (1) to prove that the 12 person did not know, and could not reasonably be expected to 13 have known, that the declared organism or prescribed potential 14 carrier was imported in contravention of section 106. 15 108. Master of boat to ensure boat free of declared organisms 16 The master of a boat that enters an area for which an organism 17 is a declared organism commits an offence if the master does 18 not take all reasonable measures to ensure that when the boat 19 enters the area it does not have attached to it, or contained 20 within it, the declared organism. 21 Penalty: 22 (a) a fine if $50 000; 23 (b) if the declared organism is a high impact organism, a 24 fine of $100 000 and imprisonment for 12 months. 25 109. Dealing with declared organisms 26 (1) In this section -- 27 deal, in relation to a declared organism, means -- 28 (a) to keep, breed, cultivate or supply the declared 29 organism; or page 80 Aquatic Resources Management Bill 2015 Aquatic biosecurity Part 6 Offences relating to biosecurity Division 4 s. 109 1 (b) to keep, breed, cultivate or supply an animal, plant or 2 other thing that is infected or infested with the declared 3 organism; or 4 (c) to put the declared organism into a container or 5 receptacle in which it may remain alive; or 6 (d) to release into the aquatic environment the declared 7 organism, or an animal, plant or other thing that is 8 infected or infested with the declared organism; or 9 (e) to intentionally infect or infest, or expose to infection or 10 infestation, a plant, animal or other thing with a declared 11 organism. 12 (2) A person who deals with an organism in an area for which the 13 organism is a declared organism without being authorised to do 14 so by the regulations or an aquatic biosecurity management plan 15 commits on offence. 16 Penalty: 17 (a) a fine of $50 000; 18 (b) if the declared organism is a high impact organism, a 19 fine of $100 000 and imprisonment for 12 months. 20 (3) The regulations or an aquatic biosecurity management plan may 21 provide that a person must not move a declared organism, or an 22 animal, plant or other thing that is infected or infested with the 23 declared organism, from the place where it is found. 24 (4) A person who contravenes a provision in a regulation or aquatic 25 biosecurity management plan referred to in subsection (3) 26 commits an offence. 27 Penalty: 28 (a) a fine if $50 000; 29 (b) if the declared organism is a high impact organism, a 30 fine of $100 000 and imprisonment for 12 months. page 81 Aquatic Resources Management Bill 2015 Part 6 Aquatic biosecurity Division 4 Offences relating to biosecurity s. 110 1 110. Duty to control declared organism 2 (1) In this section -- 3 required control measures, in relation to waters or land, means 4 measures that are prescribed or are specified in an aquatic 5 biosecurity management plan to control -- 6 (a) a declared organism that is present, or likely to be 7 present, in the waters or on the land; or 8 (b) an organism or thing in the waters or on the land that has 9 been, or is likely to have been, infected or infested by a 10 declared organism. 11 (2) The owner or occupier of waters or land who does not take the 12 required control measures for the waters or land commits an 13 offence. 14 Penalty: a fine of $50 000. 15 (3) It is a defence to a charge under subsection (2) to prove that the 16 person did not know, and could not reasonably have been 17 expected to know, at the time of the alleged offence, that -- 18 (a) a declared organism was present or was likely to be 19 present in the waters or on the land; or 20 (b) an organism or thing in the waters or on the land was 21 infected or infested or was likely to be infected or 22 infested by a declared organism. 23 (4) If the regulations or an aquatic biosecurity management plan 24 provide for required control measures to be taken in relation to 25 waters or land, the regulations or aquatic biosecurity 26 management plan may provide that -- 27 (a) the CEO may carry out the required control measures in 28 circumstances specified in the regulations or 29 management plan; and 30 (b) the reasonable cost of any action taken under 31 paragraph (a) is recoverable as a debt due to the State page 82 Aquatic Resources Management Bill 2015 Aquatic biosecurity Part 6 Pollution in aquatic environment Division 5 s. 111 1 from the person who was required to take the required 2 control measures. 3 Division 5 -- Pollution in aquatic environment 4 111. Regulations about pollution in aquatic environment 5 The regulations may make provision in relation to any of the 6 following matters -- 7 (a) the carriage of any firearm, explosive or noxious 8 substance on any boat; 9 (b) activities that may result in the deposit of any refuse or 10 waste in any waters; 11 (c) activities that might pollute any waters. 12 112. Activities that pollute waters 13 (1) The Minister may, by notice in writing served on any person, 14 prohibit the person from undertaking any activity if in the 15 Minister's opinion the activity is polluting, or is likely to 16 pollute, the aquatic environment. 17 (2) A notice under this section -- 18 (a) may apply generally or at specified times or in specified 19 circumstances; and 20 (b) remains in force for such period as is specified or, if no 21 period is specified, until revoked; and 22 (c) may be varied or revoked at any time by the Minister by 23 notice in writing served on the person; and 24 (d) must include notice of the right of review under 25 section 147. 26 (3) A person who contravenes a notice served on the person under 27 this section commits an offence. 28 Penalty: a fine of $50 000. page 83 Aquatic Resources Management Bill 2015 Part 6 Aquatic biosecurity Division 6 Emergency powers to deal with biological threats s. 113 1 (4) If a court convicts a person of an offence against subsection (3), 2 the court may, in addition to any penalty imposed under that 3 subsection, order the person to pay compensation for any 4 damage or loss caused by the offence to any person. 5 Division 6 -- Emergency powers to deal with biological threats 6 113. Term used: biological threat 7 In this Division -- 8 biological threat means a serious threat posed to the aquatic 9 environment by an organism. 10 114. CEO's powers to deal with biological threats 11 (1) This section applies if the CEO considers that it is necessary to 12 exercise powers under this section immediately because of a 13 biological threat posed by an organism. 14 (2) The CEO may take, or may direct the person whom the CEO 15 considers responsible for causing, or contributing to the spread 16 of, the biological threat to take, the steps that the CEO considers 17 appropriate -- 18 (a) to prevent the organism from entering the aquatic 19 environment or part of the aquatic environment; or 20 (b) to prevent or control the spread of the organism in the 21 aquatic environment or part of the aquatic environment; 22 or 23 (c) to eradicate or remove the organism from the aquatic 24 environment or part of the aquatic environment. 25 (3) A direction under subsection (2) may be given orally or in 26 writing. 27 (4) A person who, without reasonable excuse, fails to comply with 28 a direction given to the person under this section commits an 29 offence. 30 Penalty: a fine of $10 000. page 84 Aquatic Resources Management Bill 2015 Aquatic biosecurity Part 6 Emergency powers to deal with biological threats Division 6 s. 115 1 (5) If a person contravenes a direction given under 2 subsection (2) -- 3 (a) the CEO may take the steps specified in the direction; 4 and 5 (b) the reasonable cost of any action taken under 6 paragraph (a) is recoverable as a debt due to the State 7 from the person. 8 (6) The CEO must give the Minister a copy of the direction. 9 115. CEO may give directions for urgent measures to control 10 declared organisms 11 (1) Where, in the opinion of the CEO, a measure or action must be 12 carried out immediately to control a declared organism, the 13 CEO may, in writing, direct a compliance officer to carry out 14 that measure or action. 15 (2) The direction must specify the measure or action to be carried 16 out. 17 (3) Despite any other provision of this Act or any other law, a 18 compliance officer is authorised to carry out a measure or action 19 in accordance with a direction under this section. 20 (4) The CEO must give the Minister a copy of the direction and a 21 written report on the measure or action carried out. page 85 Aquatic Resources Management Bill 2015 Part 7 Aquatic habitat protection areas and Abrolhos Islands reserve Division 1 Aquatic habitat protection areas s. 116 1 Part 7 -- Aquatic habitat protection areas and 2 Abrolhos Islands reserve 3 Division 1 -- Aquatic habitat protection areas 4 116. Application of Division to other Acts 5 Nothing in this Division affects, or is to be taken to derogate 6 from, the operation of the Mining Act 1978, the Offshore 7 Minerals Act 2003, the Petroleum and Geothermal Energy 8 Resources Act 1967, the Petroleum (Submerged Lands) 9 Act 1982, any other Act relating to minerals or petroleum, or 10 any Government agreement as defined in the Government 11 Agreements Act 1979 section 2. 12 117. Creating aquatic habitat protection areas 13 (1) The Minister may, by order published in the Gazette, set aside 14 an area of WA waters as an aquatic habitat protection area. 15 (2) An area may be set aside as an aquatic habitat protection area 16 for one or more of the following purposes -- 17 (a) the conservation and protection of aquatic organisms, 18 aquatic organism breeding areas, fossils of aquatic 19 organisms or the aquatic ecosystem; 20 (b) the culture and propagation of aquatic organisms and 21 related experimental purposes; 22 (c) the management of aquatic organisms and activities 23 relating to the appreciation or observation of aquatic 24 organisms. 25 (3) An order must -- 26 (a) identify the area of waters that constitutes the aquatic 27 habitat protection area; and 28 (b) specify the purpose or purposes for which the area is set 29 aside. page 86 Aquatic Resources Management Bill 2015 Aquatic habitat protection areas and Abrolhos Islands reserve Part 7 Aquatic habitat protection areas Division 1 s. 118 1 118. Aquatic habitat protection area not permitted in certain 2 marine reserves 3 (1) An area in a marine nature reserve, a marine park or a marine 4 management area must not be set aside under section 117 as an 5 aquatic habitat protection area. 6 (2) An area ceases to be an aquatic habitat protection area or part of 7 an aquatic habitat protection area if -- 8 (a) a marine nature reserve, marine park or marine 9 management area is established in respect of the area; 10 and 11 (b) a management plan for the reserve, park or management 12 area (as the case may be) comes into operation. 13 119. Determination of plan for aquatic habitat protection area 14 Before setting aside an area as an aquatic habitat protection area 15 under section 117 the Minister must approve a plan for the 16 management of the area. 17 120. Notice of proposal to create aquatic habitat protection area 18 (1) Not less than 2 months before making an order under 19 section 117 the Minister must give public notice of the proposal 20 to make the order and the notice must -- 21 (a) contain information about the area that is proposed to be 22 set aside and the purposes for which it is to be set aside; 23 and 24 (b) advise that a draft plan for the management of the area 25 has been prepared and specify where copies of the draft 26 plan may be obtained without charge; and 27 (c) invite interested persons to make submissions on the 28 proposal to the Minister within a specified period, being 29 a period of not less than 30 days after the publication of 30 the notice; and 31 (d) specify how those submissions are to be made. page 87 Aquatic Resources Management Bill 2015 Part 7 Aquatic habitat protection areas and Abrolhos Islands reserve Division 1 Aquatic habitat protection areas s. 121 1 (2) The notice required by subsection (1) -- 2 (a) must be published in the Gazette; and 3 (b) may be published in any other manner that the Minister 4 considers appropriate to bring the proposal to the 5 attention of persons who will, or may be, affected if the 6 order is made, which may include the following -- 7 (i) publishing the notice in a newspaper circulating 8 generally throughout the State; 9 (ii) publishing the notice in a newspaper circulating 10 near the area of the proposed aquatic habitat 11 protection area; 12 (iii) posting the notice on a website maintained by the 13 CEO. 14 (3) Subsection (2) does not prevent the Minister from adopting any 15 additional means of publicising the proposal to make the order. 16 (4) A person may make submissions to the Minister in relation to 17 the proposed order within the period specified in the relevant 18 notice required by subsection (1). 19 (5) The Minister -- 20 (a) must consider any submissions made in accordance with 21 subsection (4); and 22 (b) may revise the proposed order to any extent the Minister 23 considers appropriate. 24 121. Control and management of aquatic habitat protection 25 areas 26 (1) The Minister may, by notice published in the Gazette, vest the 27 control and management of an aquatic habitat protection area or 28 part of an aquatic habitat protection area in a body recognised 29 for that purpose under section 221. page 88 Aquatic Resources Management Bill 2015 Aquatic habitat protection areas and Abrolhos Islands reserve Part 7 Aquatic habitat protection areas Division 1 s. 122 1 (2) The notice must -- 2 (a) specify the aquatic habitat protection area or the part of 3 the aquatic habitat protection area to which the notice 4 relates; and 5 (b) specify the body in whom the control and management 6 of the aquatic habitat protection area or the part of the 7 aquatic habitat protection area is vested; and 8 (c) specify the date on which the vesting takes effect and 9 the period for which the control and management of the 10 aquatic habitat protection area or the part of the aquatic 11 habitat protection area is vested; and 12 (d) specify the purpose for which the control and 13 management of the aquatic habitat protection area or the 14 part of the aquatic habitat protection area is vested; and 15 (e) include notice of the agreement referred to in 16 subsection (3). 17 (3) If the Minister vests the control and management of an aquatic 18 habitat protection area or part of an aquatic habitat protection 19 area in a body recognised for that purpose under section 221 the 20 Minister must enter into an agreement under section 222 with 21 the body in relation to the control and management of the 22 aquatic habitat protection area or the part of the aquatic habitat 23 protection area. 24 122. Regulations about aquatic habitat protection areas 25 The regulations may make provision in relation to any matter 26 necessary for the protection or management of an aquatic 27 habitat protection area including, but not limited to, the 28 following -- 29 (a) entry to an aquatic habitat protection area by persons, 30 vehicles or other things; 31 (b) activities carried out in an aquatic habitat protection 32 area; page 89 Aquatic Resources Management Bill 2015 Part 7 Aquatic habitat protection areas and Abrolhos Islands reserve Division 2 Abrolhos Islands reserve s. 123 1 (c) moorings, jetties, rafts and other constructions in an 2 aquatic habitat protection area; 3 (d) use of land or facilities in an aquatic habitat protection 4 area; 5 (e) fees and charges. 6 Division 2 -- Abrolhos Islands reserve 7 123. Application of Parks and Reserves Act 1895 to reserve 8 For the purposes of this Act, the Parks and Reserves Act 1895 9 sections 7A(2) and (3), 7C, 12A and 12B apply to and in 10 relation to the Abrolhos Islands reserve as if a reference in those 11 sections to -- 12 (a) an authorised person were a reference to a compliance 13 officer; and 14 (b) a by-law were a reference to a regulation referred to in 15 section 124; and 16 (c) a Board were a reference to the Governor, the Minister, 17 the CEO or a compliance officer (as the context 18 requires). 19 124. Regulations about reserve 20 The regulations may make provision in relation to any matter 21 necessary for the protection or management of the Abrolhos 22 Islands reserve including, but not limited to, the following -- 23 (a) entry to the reserve by persons, vehicles or other things; 24 (b) activities carried out in or on the reserve or in waters 25 adjacent to the reserve; 26 (c) the protection and conservation of fauna and flora 27 (whether aquatic or otherwise) in the reserve; 28 (d) use of any land or facilities in the reserve; 29 (e) the use, safety and preservation of buildings, structures, 30 fixtures, fittings and chattels in the reserve; page 90 Aquatic Resources Management Bill 2015 Aquatic habitat protection areas and Abrolhos Islands reserve Part 7 Abrolhos Islands reserve Division 2 s. 124 1 (f) the collection and use of potable water and the disposal 2 of waste water; 3 (g) the collection, removal, disposal or incineration of any 4 rubbish, sewage, litter, building or structure in the 5 reserve and for the recovery of the cost of that 6 collection, removal, disposal or incineration; 7 (h) fees and charges. page 91 Aquatic Resources Management Bill 2015 Part 8 Regulation of various activities Division 1 General regulation of activities s. 125 1 Part 8 -- Regulation of various activities 2 Division 1 -- General regulation of activities 3 125. Minister may prohibit activities 4 (1) In this section -- 5 class, in relation to aquatic organisms, means -- 6 (a) a species or type of aquatic organism; or 7 (b) an aquatic organism by reference to sex, weight, 8 reproductive cycle or any other characteristic; or 9 (c) aquatic organisms in an area of land or waters; 10 protected aquatic organism means a class of aquatic organism 11 prescribed for the purpose of this section. 12 (2) The Minister may, by order published in the Gazette, prohibit 13 persons or any specified class of persons from undertaking a 14 specified activity -- 15 (a) in a specified aquatic environment; or 16 (b) in relation to a specified protected aquatic organism. 17 (3) An order may prohibit the activity at all times or during any 18 specified period. 19 (4) A person who contravenes an order commits an offence. 20 Penalty: 21 (a) for a first offence, a fine of $10 000; 22 (b) for a second or subsequent offence, a fine of $20 000. 23 (5) A person who has in the person's possession any aquatic 24 organism taken in contravention of an order commits an 25 offence. 26 Penalty: 27 (a) for a first offence, a fine of $10 000; 28 (b) for a second or subsequent offence, a fine of $20 000. page 92 Aquatic Resources Management Bill 2015 Regulation of various activities Part 8 Trafficking in aquatic organisms Division 2 s. 126 1 (6) It is a defence to a charge under subsection (5) to prove that the 2 person did not know, and could not reasonably be expected to 3 have known, that the aquatic organism had been taken in 4 contravention of an order. 5 (7) A person who has in the person's possession any fishing gear or 6 other thing intended to be used to undertake an activity that the 7 person is prohibited from undertaking by an order commits an 8 offence. 9 Penalty: 10 (a) for a first offence, a fine of $10 000; 11 (b) for a second or subsequent offence, a fine of $20 000. 12 (8) An order under this section is subsidiary legislation for the 13 purposes of the Interpretation Act 1984 and section 42 of that 14 Act applies to and in relation to an order as if the order were a 15 regulation. 16 126. Regulations restricting take or possession of aquatic 17 organisms 18 The regulations may make provision in relation to the quantity 19 of an aquatic organism that a person may take or have in the 20 person's possession. 21 Division 2 -- Trafficking in aquatic organisms 22 127. Terms used 23 In this Division -- 24 commercial quantity, of an aquatic organism, means -- 25 (a) a quantity of the aquatic organism that exceeds the 26 quantity prescribed by or determined under the 27 regulations; or 28 (b) a quantity of the aquatic organism the value of which 29 exceeds the value prescribed by or determined under the 30 regulations; page 93 Aquatic Resources Management Bill 2015 Part 8 Regulation of various activities Division 2 Trafficking in aquatic organisms s. 128 1 priority aquatic organisms means -- 2 (a) aquatic organisms of a species that is declared by the 3 regulations to be a priority species; or 4 (b) aquatic organisms belonging to a group of 2 or more 5 species that is declared by the regulations to be a priority 6 group of species; 7 traffic, in an aquatic organism, has the meaning given in 8 section 128. 9 128. Trafficking in aquatic organisms defined 10 (1) A person traffics in aquatic organisms if the person deals with 11 aquatic organisms in any of the following ways -- 12 (a) takes aquatic organisms; 13 (b) is in possession or control of aquatic organisms; 14 (c) sells or purchases aquatic organisms; 15 (d) delivers aquatic organisms to, or receives aquatic 16 organisms from, another person; 17 (e) processes aquatic organisms; 18 (f) transports aquatic organisms; 19 (g) conceals aquatic organisms or any dealing with aquatic 20 organisms referred to in paragraphs (a) to (f); 21 (h) engages in conduct preparatory to any dealing with 22 aquatic organisms referred to in paragraphs (a) to (g). 23 (2) A person traffics in aquatic organisms if the person does any of 24 the following things in relation to any dealing with aquatic 25 organisms referred to in subsection (1) -- 26 (a) controls, directs or supervises the dealing; 27 (b) provides facilities, finance or any other thing for the 28 purpose of enabling or facilitating the dealing; 29 (c) enters into an agreement in relation to the dealing; 30 (d) is knowingly concerned otherwise in the dealing. page 94 Aquatic Resources Management Bill 2015 Regulation of various activities Part 8 Licensing of activities and equipment Division 3 s. 129 1 129. Trafficking in commercial quantity of priority aquatic 2 organisms 3 A person who traffics in a commercial quantity of priority 4 aquatic organisms without being authorised under this Act to do 5 so commits a crime. 6 Penalty: 7 (a) for a first offence, a fine of $400 000 and 8 imprisonment for 4 years; 9 (b) for a second or subsequent offence, a fine of 10 $600 000 and imprisonment for 10 years. 11 Summary conviction penalty: 12 (a) for a first offence, a fine of $200 000 and 13 imprisonment for 2 years; 14 (b) for a second or subsequent offence, a fine of 15 $400 000 and imprisonment for 4 years. 16 130. Regulations about trafficking in aquatic organisms 17 The regulations may make provision in relation to -- 18 (a) methods for determining commercial quantities of 19 priority aquatic organisms; or 20 (b) the exemption of persons from the application of 21 section 129. 22 Division 3 -- Licensing of activities and equipment 23 131. Regulations about licensing 24 The regulations may make provision in relation to the licensing 25 of any of the following -- 26 (a) persons undertaking commercial fishing; 27 (b) Aboriginal bodies corporate undertaking commercial 28 fishing, but a licence granted or renewed under this 29 provision cannot be transferred despite any other 30 provision of this Act; page 95 Aquatic Resources Management Bill 2015 Part 8 Regulation of various activities Division 3 Licensing of activities and equipment s. 132 1 (c) masters of boats used for purposes relating to 2 commercial fishing; 3 (d) persons undertaking diving for purposes relating to 4 commercial fishing, aquaculture or aquatic eco-tourism; 5 (e) persons taking aquatic organisms (including protected 6 aquatic organisms) for broodstock and other aquaculture 7 purposes; 8 (f) individuals undertaking recreational fishing; 9 (g) boats (including foreign boats) used for purposes 10 relating to recreational fishing; 11 (h) fishing boats; 12 (i) boats used for transporting or trans-shipping aquatic 13 organisms for a commercial purpose; 14 (j) boats used in connection with aquaculture; 15 (k) charter boats; 16 (l) persons providing aquatic eco-tourism or fishing tours 17 for a commercial purpose; 18 (m) persons who possess, unload, transport, consign, 19 process, handle, label, deliver, receive, store, package, 20 purchase or sell aquatic organisms. 21 132. Licensing of activities in certain marine reserves 22 (1) In this section -- 23 fishing activity means -- 24 (a) commercial fishing; or 25 (b) recreational fishing; or 26 (c) a type or class of commercial or recreational fishing. 27 (2) The regulations may not make provision for licensing that 28 would authorise a person to undertake a fishing activity in -- 29 (a) an area of a marine nature reserve; or 30 (b) an area of a marine park from which the fishing activity 31 is excluded under the CALM Act section 13B. page 96 Aquatic Resources Management Bill 2015 Regulation of various activities Part 8 Variation, suspension, non-renewal, cancellation and Division 4 surrender of authorisations s. 133 1 (3) Despite subsection (2), the validity of a licence issued or 2 renewed in accordance with the regulations in relation to an area 3 which is affected, after the issue or renewal of the licence, by a 4 reservation under the CALM Act section 13, or by a notice 5 under section 62 of that Act is not affected by the reservation or 6 notice. 7 (4) Subsection (2) does not prevent the regulations from making 8 provision for the renewal of a licence in respect of part of an 9 area to which the licence relates if the remainder of the area 10 becomes -- 11 (a) an area of a marine nature reserve; or 12 (b) an area of a marine park from which the fishing activity 13 authorised by the licence is excluded under the CALM 14 Act section 13B. 15 Division 4 -- Variation, suspension, non-renewal, cancellation 16 and surrender of authorisations 17 133. Varying authorisations 18 (1) The CEO may vary an authorisation if -- 19 (a) the holder of the authorisation applies to the CEO for the 20 variation; or 21 (b) it is necessary to correct any error in the authorisation; 22 or 23 (c) it is necessary to give effect to the provisions of this 24 Act; or 25 (d) it is necessary to give effect to a decision of the State 26 Administrative Tribunal. 27 (2) Subject to subsection (3), if a person applies to the CEO for the 28 variation of an authorisation the person is not entitled to the 29 variation as of right. page 97 Aquatic Resources Management Bill 2015 Part 8 Regulation of various activities Division 4 Variation, suspension, non-renewal, cancellation and surrender of authorisations s. 134 1 (3) The CEO must vary an authorisation if -- 2 (a) a person applies to the CEO for the variation of the 3 authorisation; and 4 (b) a management plan or an ARUP specifies criteria for the 5 variation of an authorisation of that type; and 6 (c) the CEO is satisfied that the criteria have been satisfied. 7 (4) If, under section 156, the CEO gives written details of an 8 application to vary an authorisation to a security holder the CEO 9 must not vary the authorisation unless -- 10 (a) 21 days has expired from the day on which the details 11 were given; or 12 (b) the CEO has the written consent of the holder of the 13 registrable interest and the security holder to do so. 14 134. Suspension, non-renewal and cancellation of authorisations 15 (1) The CEO may, by notice in writing given to the holder of an 16 authorisation, suspend for any period, refuse to renew or cancel 17 the authorisation -- 18 (a) if the holder, or a person acting for or on behalf of the 19 holder, has been convicted of an offence against -- 20 (i) this Act; or 21 (ii) a written law other than this Act if the offence 22 relates to the fishing, aquaculture, fishing tour or 23 aquatic eco-tourism industries; or 24 (iii) a law of the Commonwealth, or of another State 25 or a Territory, relating to the management or 26 regulation of aquatic resources; 27 or 28 (b) if a condition of the authorisation has been or is being 29 contravened; or 30 (c) if the CEO is satisfied that the holder is no longer a fit 31 and proper person to hold the authorisation; or page 98 Aquatic Resources Management Bill 2015 Regulation of various activities Part 8 Variation, suspension, non-renewal, cancellation and Division 4 surrender of authorisations s. 135 1 (d) if the authorisation was obtained by fraud or 2 misrepresentation; or 3 (e) if the holder has -- 4 (i) failed to keep any record, or to submit or lodge 5 any return, that is required to be kept or 6 submitted or lodged under this Act; or 7 (ii) made an entry or statement in such a record or 8 return that is false or misleading in a material 9 particular; 10 or 11 (f) if the holder does not satisfy guidelines under 12 section 255 relating to foreign persons holding, 13 controlling or having an interest in an authorisation; or 14 (g) if any fee, charge or levy payable in respect of the 15 authorisation, or any other amount payable under this 16 Act by the holder, has not been paid when it becomes 17 due; or 18 (h) on any other ground specified in a relevant management 19 plan or ARUP. 20 (2) The fact that an authorisation has not been cancelled or 21 suspended under section 208 or 209 is not to be taken to prevent 22 the CEO from cancelling, suspending or refusing to renew the 23 authorisation under this section. 24 135. Voluntary surrender of authorisation 25 (1) The holder of an authorisation may at any time, by notice in 26 writing given to the CEO, give notice of the holder's intention 27 to surrender the authorisation. 28 (2) The authorisation ceases to have effect 28 days after the day on 29 which notice is given to the CEO under subsection (1). 30 (3) Subsection (2) does not apply if, within the period referred to in 31 that subsection, the holder, by further notice in writing given to 32 the CEO, withdraws the notice referred to in subsection (1). page 99 Aquatic Resources Management Bill 2015 Part 8 Regulation of various activities Division 5 Miscellaneous offences s. 136 1 136. CEO may require return of authorisation 2 (1) The CEO may, by notice in writing given to the holder of an 3 authorisation, require the person to return the authorisation to 4 the CEO within a specified period if -- 5 (a) the authorisation has been cancelled, suspended or 6 expires without being renewed; or 7 (b) the person has surrendered the authorisation; or 8 (c) it is necessary to record or endorse anything on the 9 authorisation or to vary the authorisation. 10 (2) A person who, without reasonable excuse, refuses or fails to 11 comply with a requirement made under subsection (1) commits 12 an offence. 13 Penalty: a fine of $5 000. 14 Division 5 -- Miscellaneous offences 15 137. Explosives and noxious substances not to be used 16 (1) A person who, without lawful excuse, uses or attempts to use 17 any explosive or noxious substance in WA waters in 18 circumstances where the use of the explosive or noxious 19 substance could reasonably be expected to result in the taking of 20 any aquatic organism commits an offence. 21 Penalty: a fine of $60 000 and imprisonment for 9 months. 22 (2) If a court convicts a person of an offence against subsection (1), 23 the court may, in addition to any penalty imposed under that 24 subsection, order the person to pay compensation for any 25 damage or loss caused by the offence to any person. 26 138. Impeding lawful fishing activities 27 (1) A person who, without reasonable excuse, impedes a lawful 28 fishing activity commits an offence. 29 Penalty: a fine of $10 000. page 100 Aquatic Resources Management Bill 2015 Regulation of various activities Part 8 Miscellaneous offences Division 5 s. 139 1 (2) For the purposes of subsection (1), a person impedes a lawful 2 fishing activity if the person does one or more of the 3 following -- 4 (a) prevents a person from lawfully undertaking fishing or 5 aquaculture; 6 (b) hinders a person who is lawfully undertaking fishing or 7 aquaculture; 8 (c) places or leaves anything that obstructs the use of 9 fishing nets in an area or waters that is or are used 10 regularly or intermittently for net fishing. 11 (3) If a court convicts a person of an offence against subsection (1), 12 the court may, in addition to any penalty imposed under that 13 subsection, order the person to pay compensation for any 14 damage or loss caused by the offence to any person. 15 139. Interfering with fishing or aquaculture gear 16 (1) A person who, without reasonable excuse, interferes with 17 fishing or aquaculture gear commits an offence. 18 Penalty: a fine of $60 000 and imprisonment for 9 months. 19 (2) For the purposes of subsection (1), a person interferes with 20 fishing or aquaculture gear if the person does one or more of the 21 following -- 22 (a) removes aquatic organisms from fishing or aquaculture 23 gear; 24 (b) interferes with the operation of fishing or aquaculture 25 gear; 26 (c) removes fishing or aquaculture gear from a place where 27 it is being used; 28 (d) appropriates fishing or aquaculture gear for the person's 29 own use; 30 (e) damages or otherwise modifies fishing or aquaculture 31 gear. page 101 Aquatic Resources Management Bill 2015 Part 8 Regulation of various activities Division 5 Miscellaneous offences s. 140 1 140. Purchase or sale of aquatic organisms taken unlawfully 2 (1) A person who purchases or sells an aquatic organism taken in 3 contravention of this Act commits an offence. 4 Penalty: a fine of $60 000 and imprisonment for 9 months. 5 (2) It is a defence to a charge under subsection (1) to prove -- 6 (a) that at the time of the alleged offence the person did not 7 know, and could not reasonably be expected to have 8 known, that the aquatic organism had been taken in 9 contravention of this Act; and 10 (b) if the aquatic organisms were purchased for a 11 commercial purpose, that the aquatic organisms were 12 purchased -- 13 (i) from a person whose usual business was the 14 selling of such aquatic organisms; and 15 (ii) in the ordinary course of that business. 16 141. Use of foreign boat for certain activities 17 (1) A person who, in WA waters, uses a foreign boat for an aquatic 18 resource activity commits an offence. 19 Penalty: a fine of $200 000 and imprisonment for 2 years. 20 (2) For the purposes of subsection (1), a person uses a foreign boat 21 for an aquatic resource activity if the person -- 22 (a) uses a foreign boat for fishing; or 23 (b) uses a foreign boat for processing, storing or carrying 24 aquatic organisms that have been taken by the use of 25 that boat or another boat. 26 (3) It is a defence to a charge under subsection (1) to prove that, at 27 the time of the alleged offence, there was in force an 28 authorisation authorising the use of the boat for the relevant 29 purpose in the area where the offence is alleged to have been 30 committed. page 102 Aquatic Resources Management Bill 2015 Regulation of various activities Part 8 Miscellaneous offences Division 5 s. 142 1 142. Possession of foreign boat equipped with fishing gear 2 (1) A person who, in WA waters, has in the person's possession or 3 in the person's charge a foreign boat equipped with fishing gear 4 commits an offence. 5 Penalty: a fine of $200 000 and imprisonment for 2 years. 6 (2) It is a defence to a charge under subsection (1) to prove that, at 7 the time of the alleged offence -- 8 (a) there was in force an authorisation authorising the use of 9 the boat for fishing in the area where the offence is 10 alleged to have been committed; or 11 (b) the boat's fishing gear was stored and secured and the 12 boat was travelling by the shortest practicable route -- 13 (i) to or from a port in the State; or 14 (ii) from a point outside WA waters to another point 15 outside those waters. 16 143. Mandatory maximum sentences for individuals convicted of 17 third or subsequent offences under s. 141 or 142 18 (1) A court sentencing an offender who is an individual and has 19 been convicted of a third or subsequent offence against 20 section 141(1) or 142(1) must, despite any other written law but 21 subject to the Young Offenders Act 1994 section 46(5a), impose 22 both the maximum fine and the maximum term of imprisonment 23 that may be imposed by a court under section 141(1) or 142(1), 24 as the case requires. 25 (2) For the purpose of determining whether an individual has been 26 convicted of -- 27 (a) a third or subsequent offence against section 141(1), a 28 conviction of an offence against section 142(1) is taken 29 to be a conviction of an offence against section 141(1); 30 or page 103 Aquatic Resources Management Bill 2015 Part 8 Regulation of various activities Division 5 Miscellaneous offences s. 144 1 (b) a third or subsequent offence against section 142(1), a 2 conviction of an offence against section 141(1) is taken 3 to be a conviction of an offence against section 142(1). 4 144. Interfering with aquatic organisms to prevent identification 5 (1) A person who interferes with an aquatic organism to prevent the 6 identification of the aquatic organism commits an offence. 7 Penalty: a fine of $25 000. 8 (2) For the purposes of subsection (1), a person interferes with an 9 aquatic organism to prevent the identification of the aquatic 10 organism if the person -- 11 (a) alters, mutilates or disfigures the aquatic organism with 12 the intention of preventing the determination of whether 13 or not the organism is -- 14 (i) a component of a managed aquatic resource; or 15 (ii) a protected aquatic organism; or 16 (iii) a declared organism; 17 or 18 (b) alters, mutilates or disfigures any device attached to, or 19 marking made on, an aquatic organism with the 20 intention of preventing the identification of the aquatic 21 organism. page 104 Aquatic Resources Management Bill 2015 Review Part 9 s. 145 1 Part 9 -- Review 2 145. Reviewable decisions 3 For the purposes of this Part -- 4 (a) a reviewable decision is -- 5 (i) a decision to do something referred to in an item 6 in the Table; or 7 (ii) a decision prescribed by the regulations or an 8 ARUP to be a reviewable decision; 9 and 10 (b) an affected person -- 11 (i) in relation to a reviewable decision referred to in 12 an item in the Table, is a person referred to in the 13 same item; 14 (ii) in relation to any other reviewable decision, is a 15 person specified in the regulations or an ARUP 16 to be an affected person in relation to that 17 decision. 18 Table Item Reviewable decision Affected person 1. Refuse to grant an The person who applied authorisation other than for the authorisation an aquaculture licence 2. Give a notice varying The holder of the any conditions of, or authorisation imposing new conditions on, an authorisation page 105 Aquatic Resources Management Bill 2015 Part 9 Review s. 145 Item Reviewable decision Affected person 3. Give notice under The holder of the section 39(2) requiring authorisation the provision of an amount of surety for an authorisation that is more than the minimum amount set out in the relevant ARUP 4. Refuse to accept an The holder of the application for renewal authorisation of an authorisation under section 58(4) 5. To grant, vary or A person who holds an transfer an aquaculture aquaculture licence and licence is likely to be significantly affected by the decision 6. Refuse to grant, vary or The applicant for the transfer an aquaculture grant, variation or licence transfer of the licence 7. Refuse to renew an The holder of the licence aquaculture licence on an application made in the period referred to in section 82(b) 8. Give a notice under A person who is served section 112(1) with the notice page 106 Aquatic Resources Management Bill 2015 Review Part 9 s. 146 Item Reviewable decision Affected person 9. Cancel, suspend or The holder of the refuse to renew, an authorisation authorisation under section 134(1) 10. Refuse to vary an The holder of the authorisation after a authorisation person has applied for the variation 11. Refuse to transfer an The holder of the authorisation, or the authorisation and the whole or part of an proposed transferee entitlement under an authorisation, after a person has applied for the transfer 1 146. CEO to notify persons of reviewable decisions 2 (1) Before giving effect to a reviewable decision, other than a 3 decision referred to in item 5 or 8 of the Table to section 145, 4 the CEO must -- 5 (a) give to each affected person notice in writing, or in such 6 other manner as is prescribed, of the decision; and 7 (b) allow sufficient time for the person to make an 8 application under this Part for a review of the decision 9 and for the application for review to be determined. 10 (2) A notice under subsection (1)(a) must -- 11 (a) give details of the decision and the reasons for it; and 12 (b) state that the affected person may, under section 147, 13 apply for a review of the decision. page 107 Aquatic Resources Management Bill 2015 Part 9 Review s. 147 1 147. Review by SAT of reviewable decisions 2 (1) An affected person may apply to the State Administrative 3 Tribunal for a review of a reviewable decision. 4 (2) An affected person applying under subsection (1) for a review 5 must give the CEO a copy of the application on the day on 6 which it is lodged with the State Administrative Tribunal. 7 148. CEO to give notice of when reviewable decision has effect 8 (1) When the CEO gives effect to a reviewable decision the CEO 9 must give notice in accordance with this section. 10 (2) If the reviewable decision relates to an authorisation other than 11 an aquaculture licence notice must be given -- 12 (a) to each person who was given notice under 13 section 146(1)(a) in respect of the reviewable decision; 14 and 15 (b) in writing or in such other manner as is prescribed. 16 (3) If the reviewable decision relates to an aquaculture licence the 17 notice must be given in the same manner as the notice of the 18 decision was given under section 79(1)(a). 19 149. SAT to give notice of decision on review 20 (1) When the State Administrative Tribunal determines an 21 application made under section 147 the State Administrative 22 Tribunal must give notice of its decision and the reasons for its 23 decision in accordance with this section. 24 (2) If the application relates to a reviewable decision in respect of 25 an authorisation other than an aquaculture licence the notice 26 must be given -- 27 (a) to each person who was given notice under 28 section 146(1)(a) in respect of the reviewable decision; 29 and 30 (b) in writing or in such other manner as is prescribed. page 108 Aquatic Resources Management Bill 2015 Review Part 9 s. 149 1 (3) If the application relates to a reviewable decision in respect of 2 an aquaculture licence the notice must be given in the same 3 manner as the notice of the reviewable decision was given under 4 section 79(1)(a). page 109 Aquatic Resources Management Bill 2015 Part 10 Register Division 1 General s. 150 1 Part 10 -- Register 2 Division 1 -- General 3 150. Register of registrable interests 4 (1) The CEO must keep a register of registrable interests in such 5 manner and form as the CEO determines. 6 (2) The register must set out the following details in respect of each 7 registrable interest -- 8 (a) the nature of the registrable interest; 9 (b) the name and business address of the person who holds 10 the registrable interest; 11 (c) details in relation to surety for an authorisation that the 12 CEO is required to record under section 40(1); 13 (d) details relating to any security interest in the registrable 14 interest that the CEO is required to note on the register 15 under section 153; 16 (e) details of any conviction required to be recorded on the 17 register -- 18 (i) under section 209(2) in respect of the 19 authorisation; or 20 (ii) under section 210(1) in respect of a resource 21 share that is nominated as surety for the 22 authorisation; 23 (f) any other prescribed details. 24 151. Inspection of register 25 (1) The register must be available for public inspection, subject to 26 payment of the prescribed fee (if any) during prescribed hours 27 and at a prescribed place. 28 (2) A person may, upon application to the CEO and payment of the 29 prescribed fee (if any) obtain a copy of an entry in, or an extract 30 from, the register. page 110 Aquatic Resources Management Bill 2015 Register Part 10 Security interest in registrable interest Division 2 s. 152 1 (3) The CEO may, subject to payment of the prescribed fee (if any) 2 allow a person access to the register in electronic form. 3 (4) Despite subsections (1), (2) and (3), details of recreational 4 fishing licences must not be made available to the public. 5 152. Regulations about register 6 The regulations may -- 7 (a) prescribe fees and charges payable in respect of 8 anything done under this Part; and 9 (b) provide for any other matter relating to the register. 10 Division 2 -- Security interest in registrable interest 11 153. Application to have security interest in certain registrable 12 interests noted 13 (1) The holder of registrable interest of a type set out in the Table 14 may apply to the CEO to have noted on the register that a 15 specified person has a security interest in the registrable interest. 16 Table Item Type of interest 1. Aquaculture lease 2. Aquaculture licence 3. Licence granted under the regulations authorising a person to operate fishing tours 4. Managed fishery licence 5. Resource share 17 (2) An application must -- 18 (a) be made in an approved form; and page 111 Aquatic Resources Management Bill 2015 Part 10 Register Division 2 Security interest in registrable interest s. 154 1 (b) be accompanied by the prescribed fee (if any) for the 2 application. 3 154. Notation of security interest 4 (1) The CEO must, on an application made under section 153, make 5 a notation in accordance with the application. 6 (2) The notation must set out the following details in respect of the 7 security interest -- 8 (a) a general description of the nature of the security 9 interest; 10 (b) the name and business address of the person who has the 11 security interest; 12 (c) any other prescribed details. 13 155. Irrelevant matters for purpose of s. 154 14 (1) The CEO is not to be concerned with -- 15 (a) the nature of any security interest that is the subject of 16 an application under section 153; or 17 (b) whether or not the person specified in the application as 18 having the security interest actually has that interest. 19 (2) A notation on the register that a person has a security interest in 20 a registrable interest does not give the security interest any force 21 that it would not have had if this Division had not been enacted. 22 156. Security holder noted in register to be notified of certain 23 events affecting security 24 The CEO must, as soon as is practicable, give to a person who is 25 noted on the register as having a security interest in a registrable 26 interest written details of any of the following events that occur 27 in respect of the registrable interest -- 28 (a) the holder of the registrable interest or a person acting 29 for or on behalf of the holder, is convicted of a 30 prescribed offence against this Act; page 112 Aquatic Resources Management Bill 2015 Register Part 10 Security interest in registrable interest Division 2 s. 157 1 (b) if the registrable interest is a managed fishery licence or 2 an aquaculture licence (an authorisation) -- 3 (i) application is made to the CEO to vary the 4 authorisation or to transfer the authorisation or 5 the whole or part of an entitlement under the 6 authorisation; 7 (ii) a fisheries adjustment scheme, as defined in the 8 Fisheries Adjustment Schemes Act 1987 9 section 3(1), is established in respect of 10 authorisations of the class to which the 11 authorisation belongs; 12 (iii) the CEO proposes to cancel, suspend or not to 13 renew the authorisation; 14 (iv) the holder of the authorisation gives notice of the 15 holder's intention to surrender the authorisation; 16 (c) if the registrable interest is an aquaculture lease -- 17 (i) the lease is to be varied or transferred; 18 (ii) the Minister proposes to terminate the lease; 19 (iii) the holder of the lease gives notice of the 20 holder's intention to terminate the lease; 21 (d) if the registrable interest is a resource share -- 22 (i) a request is made to the CEO for the share to be 23 transferred; 24 (ii) the holder of the share gives notice of the 25 holder's intention to nominate the share as surety 26 for an authorisation; 27 (iii) the Minister proposes to revoke an ARMS or 28 ARUP under which the resource share is held. 29 157. Removing or varying notation of security interest 30 (1) If the register contains a notation that a person has a security 31 interest in a registrable interest, the holder of the registrable 32 interest may apply to the CEO in an approved form to -- 33 (a) remove the notation from the register; or page 113 Aquatic Resources Management Bill 2015 Part 10 Register Division 2 Security interest in registrable interest s. 157 1 (b) vary any details relating to the security interest. 2 (2) The CEO must give notice of an application made under 3 subsection (1) to the security holder. 4 (3) Subject to subsection (4), the CEO must, on an application 5 made under subsection (1), remove the notation of the security 6 interest from the register or vary the details relating to the 7 security interest in accordance with the application. 8 (4) The CEO must not remove the notation of the security interest 9 from the register or vary the details of the security interest in the 10 register (as the case requires) unless -- 11 (a) 21 days has expired from the day on which notice is 12 given under subsection (2); or 13 (b) the CEO has the written consent of the holder of the 14 registrable interest and the security holder to do so. 15 (5) The CEO is not to be concerned with the reasons for the 16 application. page 114 Aquatic Resources Management Bill 2015 Compliance Part 11 Preliminary Division 1 s. 158 1 Part 11 -- Compliance 2 Division 1 -- Preliminary 3 158. Terms used 4 In this Part -- 5 compliance purposes means the purposes of -- 6 (a) monitoring whether this Act has been, or is being, 7 complied with; or 8 (b) investigating a suspected contravention of this Act; 9 entry warrant means a warrant issued under Division 4; 10 occupier, of a place, includes any person who appears to have 11 the control or management of the place; 12 relevant record means a record that -- 13 (a) is required to be kept under this Act; or 14 (b) contains information that is or may be relevant to a 15 contravention of this Act; or 16 (c) relates to a fishing activity, the carrying out of 17 aquaculture or the use of an aquatic resource; 18 unauthorised structure means any hut, shack or other structure 19 on land other than private land the erection of which has not 20 been authorised under a written law. 21 Division 2 -- Compliance officers 22 159. Compliance officers 23 (1) The CEO may, by instrument in writing, designate any of the 24 following persons as a compliance officer for the purposes of 25 this Act -- 26 (a) a public service officer; 27 (b) a person employed or engaged under the Public Sector 28 Management Act 1994 section 100 by the employing 29 authority of the Department. page 115 Aquatic Resources Management Bill 2015 Part 11 Compliance Division 2 Compliance officers s. 160 1 (2) A person may be designated as a compliance officer for a fixed 2 or indefinite period. 3 (3) The CEO may, by instrument in writing, revoke a designation at 4 any time. 5 160. Honorary compliance officers 6 (1) The CEO may, by instrument in writing, appoint any person to 7 be an honorary compliance officer for the whole or any 8 specified area of the State. 9 (2) An honorary compliance officer has, in respect of the State, or 10 the area of the State for which he or she is appointed, such of 11 the powers conferred by or under this Act on a compliance 12 officer as are specified in the instrument of appointment and to 13 that extent is taken to be such an officer. 14 (3) A person may be appointed as an honorary compliance officer 15 for a fixed or indefinite period. 16 (4) The CEO may, by instrument in writing, revoke an appointment 17 at any time. 18 161. Identity cards 19 (1) The CEO must give to each person designated under 20 section 159 or appointed under section 160 an identity card. 21 (2) An identity card must -- 22 (a) identify the person as a compliance officer or an 23 honorary compliance officer as the case may be; and 24 (b) if the person is an honorary compliance officer, specify 25 the area of the State for which the person is appointed 26 and the powers conferred on the person; and 27 (c) contain a recent photograph of the person. page 116 Aquatic Resources Management Bill 2015 Compliance Part 11 Compliance officers Division 2 s. 162 1 (3) A person who, without a reasonable excuse, fails to return the 2 person's identity card to the CEO on ceasing to be a compliance 3 officer or an honorary compliance officer commits an offence. 4 Penalty: a fine of $5 000. 5 (4) A person given an identity card under subsection (1) must carry 6 his or her identity card at all times when exercising powers or 7 performing functions as a compliance officer unless it is 8 impracticable to do so. 9 162. Production or display of identity card 10 (1) A person given an identity card under section 161(1) may 11 exercise a power as a compliance officer in relation to someone 12 only if -- 13 (a) the person first produces the person's identity card for 14 the other person's inspection; or 15 (b) the person has the identity card displayed so it is clearly 16 visible to the other person. 17 (2) Subsection (1) only applies if the compliance officer is in the 18 physical presence of the person in relation to whom the power is 19 to be exercised. 20 (3) However, if for any reason it is not practicable to comply with 21 subsection (1) before exercising the power, the person may 22 exercise the power and then produce the identity card for 23 inspection by the other person at the first reasonable 24 opportunity. 25 163. Police officers to have powers of compliance officers 26 For the purposes of this Act, a police officer has the powers of a 27 compliance officer under this Act and is taken to be such an 28 officer. page 117 Aquatic Resources Management Bill 2015 Part 11 Compliance Division 3 Powers in relation to compliance s. 164 1 164. Naval officers to have powers of compliance officers in 2 dealing with foreign boats 3 (1) For the purposes of this Act, an officer in command of any boat 4 of the naval force of the Commonwealth has the powers of a 5 compliance officer under this Act and is taken to be such an 6 officer in respect of -- 7 (a) foreign boats; and 8 (b) operations on or from foreign boats; and 9 (c) persons on foreign boats. 10 (2) An officer may delegate to a person under the officer's 11 command any of the powers of a compliance officer conferred 12 on the officer under subsection (1) and that person has, and may 13 exercise, those powers. 14 Division 3 -- Powers in relation to compliance 15 165. Entry powers 16 (1) A compliance officer may, for compliance purposes, at any 17 reasonable time enter and remain in or on the following 18 places -- 19 (a) a place in respect of which there is an authorisation in 20 force under this Act; 21 (b) a place that is being used for the purpose of selling 22 aquatic organisms, or storing aquatic organisms for a 23 commercial purpose; 24 (c) a place ordinarily used for the purpose of 25 manufacturing, repairing or selling boats or fishing or 26 aquaculture gear; 27 (d) a place where records are required to be kept for the 28 purposes of this Act; 29 (e) a vehicle; 30 (f) a tent, camp or unauthorised structure if the compliance 31 officer suspects on reasonable grounds that it contains 32 any aquatic organisms or fishing gear; page 118 Aquatic Resources Management Bill 2015 Compliance Part 11 Powers in relation to compliance Division 3 s. 166 1 (g) a place where the compliance officer suspects on 2 reasonable grounds that -- 3 (i) a contravention of this Act has occurred, is 4 occurring or is likely to occur; or 5 (ii) there is something that may afford evidence of a 6 contravention of this Act. 7 (2) A compliance officer is not entitled under subsection (1) to 8 enter a place used as a residence unless -- 9 (a) the occupier of the place consents; or 10 (b) the compliance officer -- 11 (i) suspects on reasonable grounds that a person has 12 committed an offence against this Act; and 13 (ii) has pursued the person without interruption from 14 the place, or near the place, where the offence 15 was suspected to have been committed to the 16 place used as a residence; 17 or 18 (c) the compliance officer has the authority of an entry 19 warrant. 20 (3) A compliance officer may enter any land for the purpose of 21 passing through the land unless the land is attached to a building 22 or other structure. 23 166. Powers after entry for compliance purposes 24 (1) A compliance officer who enters a place under section 165(1) or 25 under the authority of an entry warrant may, for compliance 26 purposes, do one or more of the following -- 27 (a) inspect the place and any thing at the place; 28 (b) search the place and any thing at the place; 29 (c) examine, measure, test, photograph or film the place and 30 any thing at the place; 31 (d) operate a computer or other thing at the place; page 119 Aquatic Resources Management Bill 2015 Part 11 Compliance Division 3 Powers in relation to compliance s. 166 1 (e) take any thing, or a sample of or from any thing, at the 2 place for analysis or testing; 3 (f) make a copy of, take an extract from, or download or 4 print out, any record that the compliance officer suspects 5 on reasonable grounds is a relevant record; 6 (g) seize any thing that is or may afford evidence of a 7 contravention of this Act; 8 (h) if a thing found in or on the place cannot be 9 conveniently removed, secure it against interference; 10 (i) seize a record that the compliance officer suspects on 11 reasonable grounds is a relevant record and retain it for 12 as long as is necessary for the purposes of this Act; 13 (j) direct a person who is at the place to do one or more of 14 the following -- 15 (i) state the person's full name, date of birth, the 16 address of where the person is living and the 17 address of where the person usually lives; 18 (ii) answer (orally or in writing) questions asked by 19 the compliance officer; 20 (iii) produce relevant records in the person's custody 21 or under the person's control; 22 (iv) operate a computer or other thing at the place; 23 (v) provide access (free of charge) to photocopying 24 equipment at the place to enable the copying of 25 documents; 26 (vi) give the compliance officer a translation, code, 27 password or other information necessary to gain 28 access to or interpret and understand a record; 29 (vii) give other assistance the compliance officer 30 reasonably requires. 31 (2) If a compliance officer takes any thing away from the place, the 32 compliance officer must give the occupier of the place a receipt 33 for the thing. page 120 Aquatic Resources Management Bill 2015 Compliance Part 11 Powers in relation to compliance Division 3 s. 167 1 167. Obtaining information and documents 2 (1) A compliance officer may, for compliance purposes, do one or 3 more of the following -- 4 (a) direct a person -- 5 (i) to give to the compliance officer such 6 information as the compliance officer reasonably 7 requires; or 8 (ii) to answer a question put to the person; 9 (b) direct a person to produce to the compliance officer a 10 relevant record in the person's custody or under the 11 person's control; 12 (c) examine and make a copy of a relevant record produced 13 in response to a direction given under paragraph (b). 14 (2) A direction given under subsection (1)(a) -- 15 (a) may be given orally or in writing; and 16 (b) must specify the time at, or within which, the 17 information or answer must be given to the compliance 18 officer; and 19 (c) may require that the information or answer -- 20 (i) be given orally or in writing; or 21 (ii) if it is directed to be given in writing, be given by 22 means specified in the direction; or 23 (iii) be verified by a statutory declaration. 24 (3) A direction given under subsection (1)(b) -- 25 (a) must be given in writing to the person required to 26 produce the record; and 27 (b) must specify the time at, or within which, the record is 28 to be produced to the compliance officer; and 29 (c) may require that the record be produced to the 30 compliance officer -- 31 (i) at a place specified in the direction; and page 121 Aquatic Resources Management Bill 2015 Part 11 Compliance Division 3 Powers in relation to compliance s. 168 1 (ii) by a means specified in the direction. 2 168. Other powers 3 (1) A compliance officer may, for compliance purposes, do one or 4 more of the following -- 5 (a) signal or direct the person in control of a vehicle -- 6 (i) to stop the vehicle; or 7 (ii) not to move the vehicle; 8 (b) at any time enter into and pass along (whether by boat or 9 otherwise) any waters or the banks or borders of any 10 waters; 11 (c) direct a person to produce to the compliance officer for 12 inspection all things in the person's actual possession if 13 the compliance officer suspects on reasonable grounds 14 that any of the things may afford evidence of the 15 commission of an offence against this Act; 16 (d) direct a person to haul, pull, draw, reel in or otherwise 17 recover or bring onto land, any gear used in connection 18 with fishing, aquaculture or aquatic eco-tourism; 19 (e) direct any person who has any aquatic organisms, or any 20 fishing gear, in the person's possession to wait at a place 21 indicated by the compliance officer until the compliance 22 officer is able to inspect the aquatic organisms or the 23 fishing gear; 24 (f) direct the master of a boat or the owner or person in 25 apparent control of any other vehicle or the owner or 26 occupier of any place, to secure the boat, vehicle or 27 place against interference for a specified period; 28 (g) direct the master of any boat -- 29 (i) to bring the boat to a specified place; and 30 (ii) not to remove the boat from that place until 31 further directed by a compliance officer; page 122 Aquatic Resources Management Bill 2015 Compliance Part 11 Powers in relation to compliance Division 3 s. 168 1 (h) direct the master of any boat or the person in control of 2 any other vehicle to deliver any aquatic organisms or 3 any gear or equipment used in connection with fishing, 4 aquaculture, fishing tours or aquatic eco-tourism that is 5 on or attached to the boat or vehicle to a specified place; 6 (i) direct the master of any boat not to proceed to sea unless 7 a compliance officer is on board the boat; 8 (j) conduct any inspection, examination or inquiry the 9 compliance officer considers necessary to ascertain 10 whether or not this Act or any condition imposed under 11 this Act has been complied with; 12 (k) one or more of the powers referred to in 13 section 166(1)(c) to (j) in respect of a place, if, 14 following the exercise of a power referred to in 15 paragraph (a) to (j) of this subsection, a compliance 16 officer suspects on reasonable grounds that -- 17 (i) an offence against this Act has been, is being or 18 about to be committed in or on the place; or 19 (ii) there is in or on the place any thing that may 20 afford evidence of the commission of an offence 21 against this Act. 22 (2) A compliance officer may only exercise a power referred to in 23 subsection (1)(a) in respect of a train or aircraft if the 24 compliance officer suspects on reasonable grounds that -- 25 (a) an offence against this Act has been, is being or is about 26 to be committed in or on the train or aircraft; or 27 (b) there is in or on the train or aircraft any thing that may 28 afford evidence of the commission of an offence against 29 this Act. 30 (3) A vehicle may only be detained under subsection (1)(a)(ii) 31 or (g) for such period as is reasonably necessary for the 32 purposes of this Act. page 123 Aquatic Resources Management Bill 2015 Part 11 Compliance Division 3 Powers in relation to compliance s. 169 1 (4) A person may only be detained under subsection (1)(e) for such 2 period as is reasonably necessary for the purposes of this Act. 3 (5) A person who, without reasonable excuse, refuses or fails to 4 comply with a direction or signal given under subsection (1) 5 commits an offence. 6 Penalty: a fine of $10 000. 7 (6) For the purposes of subsection (5), it is a reasonable excuse for 8 a person to refuse or fail to comply with a signal or direction 9 given under subsection (1)(a) if -- 10 (a) the person reasonably believes that to obey the signal or 11 direction immediately would endanger the person, 12 another person or the vehicle; and 13 (b) the person complies with the signal or direction as soon 14 as it is practicable to obey it. 15 169. Powers to arrest without warrant 16 (1) A compliance officer may arrest without warrant a person if -- 17 (a) the person does not state his or her name, principal place 18 of residence or date of birth to the compliance officer 19 when directed to do so under section 167(1)(a); or 20 (b) the compliance officer suspects on reasonable grounds 21 that the person has given a false name, principal place of 22 residence or date of birth to the compliance officer; or 23 (c) the person assaults a compliance officer when the 24 compliance officer is performing any duty, or exercising 25 any power, under this Act; or 26 (d) the compliance officer suspects on reasonable grounds 27 that the person has committed an offence against this 28 Act and that the offence is likely to continue or recur if 29 the person is not arrested; or 30 (e) the compliance officer suspects on reasonable grounds 31 that the person has committed an offence against this page 124 Aquatic Resources Management Bill 2015 Compliance Part 11 Powers in relation to compliance Division 3 s. 170 1 Act and that any other procedure for dealing with that 2 offence would not be effective. 3 (2) A person arrested by a compliance officer under subsection (1) 4 who escapes, or attempts to escape, from the custody of the 5 compliance officer commits an offence. 6 Penalty: a fine of $10 000. 7 170. Powers to seize things 8 A compliance officer may seize any of the following things -- 9 (a) any aquatic organism that the compliance officer 10 suspects on reasonable grounds has been the subject of 11 an offence against this Act; 12 (b) any thing that the compliance officer suspects on 13 reasonable grounds has been used, or is intended to be 14 used, in the commission of an offence against this Act; 15 (c) any thing that the compliance officer suspects on 16 reasonable grounds is the proceeds of the sale of any 17 aquatic organisms in contravention of this Act; 18 (d) any thing that the compliance officer suspects on 19 reasonable grounds may afford evidence of the 20 commission of an offence against this Act; 21 (e) any declared organism, any receptacle or container 22 containing a declared organism and any medium in 23 which the declared organism is being held; 24 (f) if more than 1/20th of the total number of aquatic 25 organisms contained in a vehicle, receptacle or container 26 are protected aquatic organisms -- 27 (i) all aquatic organisms contained in the vehicle, 28 receptacle or container; and 29 (ii) any receptacle or container containing the 30 aquatic organisms; 31 (g) if the compliance officer suspects on reasonable grounds 32 that an offence against section 141(1) or 142(1) has been page 125 Aquatic Resources Management Bill 2015 Part 11 Compliance Division 3 Powers in relation to compliance s. 171 1 committed, any thing that the compliance officer 2 believes may become liable to forfeiture under 3 section 203(3) as a result of the offence. 4 171. Powers to deal with seized aquatic organisms 5 (1) If any aquatic organism is seized under this Act and, in the 6 opinion of a compliance officer, it is practicable to return the 7 organism to its natural environment, the compliance officer may 8 return the organism to its natural environment. 9 (2) If any aquatic organism is seized under this Act and, in the 10 opinion of a compliance officer, the organism is likely to perish 11 if no action is taken to protect it, the compliance officer may 12 sell, preserve or otherwise dispose of the organism in the 13 prescribed way. 14 (3) Except as provided in subsection (4), proceeds of the sale of any 15 aquatic organism under subsection (2) are to be paid to the 16 credit of an account referred to in Part 14 Division 3 that is 17 prescribed or, if no account is prescribed, then into the 18 Consolidated Account. 19 (4) The proceeds of the sale of an aquatic organism sold in 20 accordance with subsection (2) (less any costs incurred by the 21 compliance officer in selling the organism) are to be paid to the 22 person from whom the organism was seized if -- 23 (a) the aquatic organism was seized by a compliance officer 24 in connection with a suspected offence; and 25 (b) a decision is subsequently made not to commence 26 proceedings in respect of the offence or after 27 proceedings for the offence have been completed no 28 person is convicted of the offence. 29 (5) No compensation is payable to any person in respect of any 30 action taken under this section in respect of any aquatic 31 organism. page 126 Aquatic Resources Management Bill 2015 Compliance Part 11 Powers in relation to compliance Division 3 s. 172 1 172. Powers in respect of certain fishing gear or abandoned 2 aquatic organisms 3 (1) A compliance officer may seize any fishing gear found 4 unattended in, or adjacent to, any waters if -- 5 (a) fishing in those waters, or the use of that type of fishing 6 gear in those waters, is prohibited under this Act; or 7 (b) the fishing gear does not comply with the requirements 8 of this Act; or 9 (c) the fishing gear appears to have been lost or abandoned. 10 (2) A compliance officer may destroy or render inoperative fishing 11 gear referred to in subsection (1) if, in the compliance officer's 12 opinion, it is not practicable to seize the fishing gear. 13 (3) A compliance officer may seize any aquatic organism found in, 14 or adjacent to, any waters if the organism appears to have been 15 abandoned. 16 173. Powers under Animal Welfare Act 2002 to prevent cruelty to 17 aquatic organisms 18 A compliance officer may, for the purpose of enforcing 19 regulations made in relation to the welfare, safety and health of 20 aquatic organisms, exercise the powers conferred by the Animal 21 Welfare Act 2002 on general inspectors under that Act as if -- 22 (a) the compliance officer was such an inspector; and 23 (b) aquatic organisms were animals for all purposes under 24 that Act; and 25 (c) an offence against those regulations was an offence 26 against Part 3 of that Act. 27 174. Powers under Biosecurity and Agriculture Management 28 Act 2007 in relation to biosecurity 29 A compliance officer may, for purposes related to biosecurity in 30 the aquatic environment, exercise the powers conferred by the page 127 Aquatic Resources Management Bill 2015 Part 11 Compliance Division 3 Powers in relation to compliance s. 175 1 Biosecurity and Agriculture Management Act 2007 on 2 inspectors under that Act as if -- 3 (a) declared organisms were declared pests for all purposes 4 under that Act; and 5 (b) an offence against Part 6 was an offence against that 6 Act. 7 175. Use of assistance and reasonable force 8 (1) A compliance officer may use assistance and force that is 9 reasonably necessary in the circumstances when exercising a 10 power under this Act. 11 (2) A compliance officer may request a police officer or other 12 person to assist the compliance officer in exercising powers 13 under this Act. 14 (3) Without limiting subsection (2), a compliance officer may 15 request the master of a boat or a person in charge of any other 16 vehicle to make the boat or other vehicle available for the use of 17 the compliance officer. 18 (4) If a boat or other vehicle is made available for the use of a 19 compliance officer under this section, the person who would 20 otherwise have been entitled to the use of the boat or vehicle at 21 that time may apply to the CEO for compensation for loss of use 22 of the boat or other vehicle. 23 (5) If a person applies to the CEO for compensation under 24 subsection (4), the CEO is to pay to the person such amount of 25 compensation as the CEO thinks fit. 26 (6) A person, while assisting a compliance officer at the request of 27 the compliance officer and in accordance with this Act -- 28 (a) has the same powers as conferred on a compliance 29 officer; and 30 (b) is subject to the same responsibilities as a compliance 31 officer; and page 128 Aquatic Resources Management Bill 2015 Compliance Part 11 Powers in relation to compliance Division 3 s. 176 1 (c) has the same protection from liability as a compliance 2 officer. 3 (7) Nothing in this section derogates from the powers of a police 4 officer. 5 176. Duty to try to minimise damage 6 In exercising any power under this Part, a compliance officer 7 must try, as far as is practicable, to minimise damage to any 8 property. 9 177. Obstructing compliance officers 10 (1) A person who obstructs a compliance officer commits an 11 offence. 12 Penalty: a fine of $60 000 and imprisonment for 9 months. 13 (2) For the purposes of subsection (1), a person obstructs a 14 compliance officer if the person does one or more of the 15 following -- 16 (a) fails to facilitate by all reasonable means the boarding of 17 a boat by a compliance officer; 18 (b) abuses, threatens or insults a compliance officer when 19 the compliance officer is performing any duty, or 20 exercising any power, under this Act; 21 (c) assaults, hinders or obstructs a compliance officer when 22 the compliance officer is performing any duty, or 23 exercising any power, under this Act; 24 (d) incites or encourages another person to do anything 25 referred to in paragraph (b) or (c); 26 (e) impersonates a compliance officer; 27 (f) without reasonable excuse, refuses to allow a search to 28 be made that is authorised under this Act. page 129 Aquatic Resources Management Bill 2015 Part 11 Compliance Division 3 Powers in relation to compliance s. 178 1 178. Interfering with seized property 2 (1) In this section -- 3 interfere includes to remove, to damage and to destroy. 4 (2) A person who interferes with any thing seized under this 5 Act without being authorised by the CEO or a compliance 6 officer to do so commits an offence. 7 Penalty: a fine of $10 000. 8 (3) If a court convicts a person of an offence against subsection (2), 9 the court may, in addition to any penalty imposed under that 10 subsection, order the person to pay compensation for any 11 damage or loss caused by the offence to the CEO or to any other 12 person. 13 179. Giving false or misleading information to compliance officer 14 (1) A person who gives false or misleading information to a 15 compliance officer commits an offence. 16 Penalty: a fine of $60 000 and imprisonment for 9 months. 17 (2) For the purposes of subsection (1), a person gives false or 18 misleading information to a compliance officer if the person 19 does one or more of the following -- 20 (a) states anything to the compliance officer that the person 21 knows is false or misleading in a material particular; 22 (b) omits from a statement made to the compliance officer 23 anything without which the statement is, to the person's 24 knowledge, misleading in a material particular; 25 (c) gives or produces any document to the compliance 26 officer that -- 27 (i) the person knows is false or misleading in a 28 material particular; or 29 (ii) omits anything without which the document is, to 30 the person's knowledge, misleading in a material 31 particular. page 130 Aquatic Resources Management Bill 2015 Compliance Part 11 Entry warrants Division 4 s. 180 1 180. Directions generally 2 (1) Except as otherwise provided in this Division, a direction under 3 this Division may be given orally or in writing. 4 (2) A person who, without reasonable excuse, fails to comply with 5 a direction given to the person under this Division commits an 6 offence. 7 Penalty: a fine of $10 000. 8 Division 4 -- Entry warrants 9 181. Warrants to enter place 10 (1) A compliance officer may apply to a justice of the peace for an 11 entry warrant authorising the entry of a place for compliance 12 purposes. 13 (2) A compliance officer may apply for an entry warrant for a place 14 even if, under this Act, the compliance officer may enter the 15 place without an entry warrant. 16 (3) The application must be made in accordance with the Criminal 17 Investigation Act 2006 section 13 and section 13(8) of that Act 18 applies in relation to an entry warrant. 19 (4) An application for an entry warrant must -- 20 (a) describe with reasonable particularity the place to be 21 entered; and 22 (b) state that the compliance officer has reasonable grounds 23 for believing that entry to the place is necessary for 24 compliance purposes; and 25 (c) state the purposes for which entry to the place is 26 required; and 27 (d) include any other information that is prescribed. page 131 Aquatic Resources Management Bill 2015 Part 11 Compliance Division 4 Entry warrants s. 182 1 182. Issue of entry warrant 2 (1) A justice of the peace to whom an application is made under 3 section 181 may issue an entry warrant if satisfied that there are 4 reasonable grounds for believing that entry and inspection of the 5 place are necessary for compliance purposes. 6 (2) An entry warrant must contain the following information -- 7 (a) a reasonably particular description of the place to which 8 it relates; 9 (b) a reasonably particular description of the purposes for 10 which entry to the place is required; 11 (c) the period, not exceeding 7 days, in which it may be 12 executed; 13 (d) the name of the justice of the peace who issued it; 14 (e) the date and time when it was issued. 15 183. Effect of entry warrant 16 (1) An entry warrant has effect according to its content and this 17 section. 18 (2) An entry warrant comes into force when it is issued by a justice 19 of the peace. 20 (3) An entry warrant authorises the compliance officer executing 21 the warrant to, during the period of the warrant -- 22 (a) enter the place described in the warrant; and 23 (b) exercise the powers referred to in section 166(1). 24 184. Execution of entry warrant 25 (1) An entry warrant may be executed by a compliance officer to 26 whom it is issued or by any other compliance officer. 27 (2) A compliance officer executing an entry warrant must, at the 28 reasonable request of a person apparently in charge of the place, 29 produce the warrant. page 132 Aquatic Resources Management Bill 2015 Legal proceedings Part 12 Proceedings and infringement notices Division 1 s. 185 1 Part 12 -- Legal proceedings 2 Division 1 -- Proceedings and infringement notices 3 185. Prosecutions 4 (1) Proceedings for an offence against this Act may be instituted by 5 the CEO, a police officer, a compliance officer or any other 6 person authorised in writing to do so by the CEO. 7 (2) Proceedings for an offence against a provision listed in the 8 Table must be commenced within 5 years after the offence was 9 allegedly committed. 10 Table s. 31(2) and (3) s. 49(2) and (3) s. 64(2) and (3) s. 65(2) and (3) s. 104(2) and (3) s. 105(2) s. 106(1) and (2) s. 107(1) s. 108 s. 109(2) 11 (3) Proceedings for an offence against a provision listed in the 12 Table or a provision of the regulations that is prescribed for the 13 purposes of this subsection must be commenced within 2 years 14 after the offence was allegedly committed. 15 Table s. 110(2) s. 112(3) s. 125(4) s. 137(1) s. 140(1) s. 141(1) page 133 Aquatic Resources Management Bill 2015 Part 12 Legal proceedings Division 2 Responsibility of certain persons s. 186 s. 142(1) s. 211(4) and (5) s. 260(1) and (2) 1 (4) In any proceedings for an offence against this Act, unless 2 evidence is given to the contrary, proof is not required -- 3 (a) of the authority of a person to institute proceedings for 4 an offence against this Act; or 5 (b) that a signature on a prosecution notice is the signature 6 of a person authorised to institute proceedings for an 7 offence against this Act. 8 (5) A compliance officer authorised for the purpose by the CEO 9 may appear on behalf of the CEO or any other officer of the 10 Department in any proceedings under this Act in a court of 11 summary jurisdiction. 12 186. Infringement notices and the Criminal Procedure Act 2004 13 (1) If this Act is a prescribed Act for the purposes of the Criminal 14 Procedure Act 2004 Part 2, this section applies in relation to the 15 service of an infringement notice under that Part by an 16 authorised officer in relation to an alleged offence under this 17 Act. 18 (2) The infringement notice must be served within 45 days after the 19 day on which the alleged offence is believed to have been 20 committed. 21 (3) The Criminal Procedure Act 2004 Part 2 is modified to the 22 extent necessary to give effect to this section. 23 Division 2 -- Responsibility of certain persons 24 187. Masters' liability 25 (1) If a person (the principal offender) commits an offence against 26 this Act the master of a boat on which, or by the use of which, page 134 Aquatic Resources Management Bill 2015 Legal proceedings Part 12 Responsibility of certain persons Division 2 s. 188 1 the offence was committed is taken to have committed the same 2 offence. 3 (2) It is a defence in proceedings against the master of a boat for an 4 offence against this Act by the application of subsection (1) for 5 the master to prove that -- 6 (a) the conduct that constituted the offence was engaged in 7 without the consent or connivance of the master; and 8 (b) the master took all reasonable measures to prevent the 9 conduct being engaged in. 10 (3) A master may be proceeded against and convicted of an offence 11 against this Act by virtue of subsection (1) whether or not the 12 principal offender has been proceeded against and convicted of 13 the offence. 14 188. Liability of person in charge of a fishing tour 15 (1) In this section -- 16 fishing tour means a fishing tour provided by a person who 17 holds a licence granted under the regulations that authorises the 18 person to provide fishing tours; 19 person in charge of a fishing tour means the individual in 20 charge of the day-to-day operation of the tour, who is not 21 necessarily the person who holds the licence under which the 22 tour is provided. 23 (2) If a person (the principal offender) commits an offence against 24 this Act while taking part in a fishing tour, the person in charge 25 of the fishing tour is taken to have committed the same offence. 26 (3) It is a defence in proceedings against a person in charge of a 27 fishing tour for an offence against this Act by the application of 28 subsection (2) for that person to prove that -- 29 (a) the conduct that constituted the offence was engaged in 30 without the consent or connivance of the person in 31 charge of the fishing tour; and page 135 Aquatic Resources Management Bill 2015 Part 12 Legal proceedings Division 2 Responsibility of certain persons s. 189 1 (b) the person in charge of the fishing tour took all 2 reasonable measures to prevent the conduct being 3 engaged in. 4 (4) A person in charge of a fishing tour may be proceeded against 5 and convicted of an offence against this Act by virtue of 6 subsection (2) whether or not the principal offender has been 7 proceeded against and convicted of the offence. 8 189. Liability of co-holders of authorisation 9 (1) If an authorisation is held by 2 or more persons and any of those 10 persons commits an offence against this Act while acting or 11 purporting to act as a holder of the authorisation, each of those 12 persons is taken to have committed the offence. 13 (2) It is a defence in proceedings against a person for an offence 14 against this Act by the application of subsection (1), for that 15 person to prove that -- 16 (a) the conduct that constituted the offence was engaged in 17 without the consent or connivance of the person; and 18 (b) the person took all reasonable measures to prevent the 19 conduct being engaged in. 20 (3) A person may be charged with and convicted of an offence 21 against this Act by virtue of subsection (1) whether or not 22 another person has been charged with or convicted of the 23 offence. 24 190. Liability of holders of authorisation for offence by agent 25 (1) If a person (the agent) acting for or on behalf of the holder of an 26 authorisation commits an offence against this Act, the holder is 27 taken to have committed the same offence. 28 (2) It is a defence in proceedings against the holder of an 29 authorisation for an offence against this Act by the application 30 of subsection (1) for the holder to prove that -- 31 (a) the conduct that constituted the offence was engaged in 32 without the consent or connivance of the holder; and page 136 Aquatic Resources Management Bill 2015 Legal proceedings Part 12 Responsibility of certain persons Division 2 s. 191 1 (b) the holder took all reasonable measures to prevent the 2 conduct being engaged in. 3 (3) The holder of an authorisation may be proceeded against and 4 convicted of an offence against this Act by virtue of 5 subsection (1) whether or not the agent has been proceeded 6 against and convicted of the offence. 7 (4) If a decision is made to proceed against an agent of the holder of 8 an authorisation the CEO must give written notice of the 9 decision to the holder. 10 191. Liability of officers of body corporate for offence by body 11 (1) In this section -- 12 officer, in relation to a body corporate, has the meaning given in 13 the Corporations Act 2001 (Commonwealth) section 9. 14 (2) This section applies to -- 15 (a) a provision listed in the Table; or 16 (b) a provision of the regulations that is prescribed for the 17 purposes of this section. 18 Table s. 7(8) s. 31(2) and (3) s. 49(2) and (3) s. 64(2) and (3) s. 65(2) and (3) s. 69(2) s. 86 s. 94(2), (3), (4), (5) and (6) s. 104(2) and (3) s. 106(1) and (2) s. 107(1) s. 109(2) and (4) s. 110(2) s. 112(3) page 137 Aquatic Resources Management Bill 2015 Part 12 Legal proceedings Division 2 Responsibility of certain persons s. 192 s. 114(4) s. 125(4) s. 129 s. 138(1) s. 140(1) s. 141(1) s. 211(4) s. 260(1) and (2) 1 (3) If a body corporate is guilty of an offence to which this section 2 applies, an officer of the body corporate is also guilty of the 3 offence if the officer failed to take all reasonable steps to 4 prevent the commission of the offence by the body corporate. 5 (4) In determining whether things done or omitted to be done by the 6 officer constitute reasonable steps, a court must have regard 7 to -- 8 (a) what the officer knew, or ought to have known, about 9 the commission of the offence by the body corporate; 10 and 11 (b) whether the officer was in a position to influence the 12 conduct of the body corporate in relation to the 13 commission of the offence; and 14 (c) any other relevant matter. 15 192. Further provisions relating to liability of officers of body 16 corporate 17 (1) Section 191 does not affect the liability of a body corporate for 18 any offence. 19 (2) Section 191 does not affect the liability of an officer, or any 20 other person, under Chapters II, LVII, LVIII and LIX of The 21 Criminal Code. 22 (3) An officer of a body corporate may be charged with, and 23 convicted of, an offence in accordance with section 191 whether 24 or not the body corporate is charged with, or convicted of, the 25 principal offence committed by the body corporate. page 138 Aquatic Resources Management Bill 2015 Legal proceedings Part 12 Evidentiary provisions Division 3 s. 193 1 (4) If an officer of a body corporate who is charged with an offence 2 in accordance with section 191 claims that the body corporate 3 would have a defence if it were charged with the offence -- 4 (a) the onus of proving the defence is on the officer; and 5 (b) the standard of proof required is the standard that would 6 apply to the body corporate in relation to the defence. 7 (5) Subsection (4) does not limit any other defence available to the 8 officer. 9 Division 3 -- Evidentiary provisions 10 193. Certain matters taken to be proved if alleged in prosecution 11 notice 12 In proceedings for an offence against this Act an allegation in 13 the prosecution notice of any matter listed in the Table is, in the 14 absence of evidence to the contrary, taken to be proved. 15 Table Item Matter 1. That a person, boat, vehicle or other thing referred to in the charge was in a particular area of land or waters 2. That aquatic organisms were taken from a particular area of land or waters 3. That an act occurred in a particular area of land or waters 4. That a boat was, at the time of the alleged offence, a foreign boat 5. That an act occurred for a particular purpose 6. That something was done with a particular intent page 139 Aquatic Resources Management Bill 2015 Part 12 Legal proceedings Division 3 Evidentiary provisions s. 194 1 194. Certain matters taken to be proved if stated in certificate 2 (1) In this section -- 3 authorised person means a person designated under 4 subsection (2) to be an authorised person. 5 (2) The Minister may by notice published in the Gazette designate a 6 person to be an authorised person for the purposes of this 7 section. 8 (3) In proceedings for an offence against this Act, production of a 9 certificate purporting to be signed by the CEO and stating any 10 of the matters listed in the Table is, without proof of the CEO's 11 signature, evidence of the facts stated in the certificate. 12 Table Item Matter 1. That on any date or during any period a person was or was not authorised to do any thing under an authorisation, temporary aquaculture permit or aquaculture lease 2. That on any date or during any period a person was or was not exempted from this Act or specified provisions of this Act by an exemption 3. That on any date or during any period any boat, place or other thing was or was not the subject of an authorisation, temporary aquaculture permit or exemption 4. That on any date or during any period an authorisation or temporary aquaculture permit was cancelled, suspended or for any other reason of no effect page 140 Aquatic Resources Management Bill 2015 Legal proceedings Part 12 Evidentiary provisions Division 3 s. 194 Item Matter 5. That on any date or during any period an aquaculture lease was terminated or for any other reason of no effect 6. That on any date or during any period an authorisation, temporary aquaculture permit, aquaculture lease or exemption was subject to any specified condition or conditions 7. That on any date or during any period surety was required or provided for an authorisation 8. That on any date or during any period a person was or was not registered as the holder of a resource share 9. That on any date or during any period a person was or was not registered as the holder of catch entitlement of a specified quantity 10. That on any date or during any period a person was a compliance officer 1 (4) In proceedings for an offence against this Act, production of a 2 certificate purporting to be signed by an authorised person and 3 stating any of the matters listed in the Table is, without proof of 4 the authorised person's signature, evidence of the facts stated in 5 the certificate. 6 Table Item Matter 1. That an aquatic organism was of a particular species or type or had a particular characteristic page 141 Aquatic Resources Management Bill 2015 Part 12 Legal proceedings Division 3 Evidentiary provisions s. 195 Item Matter 2. That a species or type of aquatic organism is or is not found in a particular area 3. That any fishing gear is of a particular type or is designed, used or capable of being used for a particular purpose or for taking a particular species of aquatic organism 1 (5) Subsections (3) and (4) only apply if -- 2 (a) at least 28 days before the hearing, notice in writing has 3 been given to the accused of the prosecutor's intention 4 to produce the certificate; and 5 (b) the accused has not within 14 days of receipt of the 6 notice delivered to the prosecutor a notice requiring that 7 the evidence of the CEO or the authorised person be 8 given in person. 9 (6) The court before which proceedings are held may, in addition to 10 making any other order as to costs, make such order as it thinks 11 fit as to the expenses and remuneration to be paid for the 12 services of the CEO or the authorised person. 13 195. Proof of certain matters as evidence of other matters 14 (1) In this section -- 15 container includes a package and any other receptacle; 16 label, in relation to a container, means a mark or label on, in or 17 attached to the inside or outside of the container; 18 restricted-access electronic reporting system means a system 19 operated by or on behalf of the Department that -- 20 (a) allows for information or data to be recorded, submitted 21 or lodged electronically; and page 142 Aquatic Resources Management Bill 2015 Legal proceedings Part 12 Evidentiary provisions Division 3 s. 195 1 (b) is accessed using a personal identification number, a 2 password, an access code, an encryption key or any 3 other information or device. 4 (2) In any proceedings for an offence against this Act, proof of a 5 matter listed in the second column of an item in the Table is 6 evidence of the matter listed in the third column of that item, 7 unless the contrary is proved. 8 Table Item Matter proved Evidence of 1. That a container had a That the container label indicating that the contained the container contained an organism or the class aquatic organism or a of organism particular class of aquatic organism 2. That a container had a That the container label indicating that the contained that container contained a quantity of the specified quantity of an organism aquatic organism 3. That a container had a That the container was label indicating that the packed or consigned container was packed or by or for that person consigned by or for a particular person page 143 Aquatic Resources Management Bill 2015 Part 12 Legal proceedings Division 3 Evidentiary provisions s. 195 Item Matter proved Evidence of 4. That aquatic organisms -- That the organisms (a) were on a fishing were taken by, or in the possession of, the boat; and person for the purpose (b) were taken by, or of sale were in the possession of, a person on that boat 5. That aquatic organisms -- That the aquatic (a) were at a place in, or organisms were in the possession of the from which, aquatic person for the purpose organisms were ordinarily sold of sale (whether for meals or otherwise); and (b) were in the possession of a person at the place (other than a customer) 6. That aquatic organisms -- That the aquatic organisms were in the (a) were at a place in possession of the which aquatic person for the purpose organisms were of sale ordinarily commercially processed; and (b) were in the possession of a person at the place page 144 Aquatic Resources Management Bill 2015 Legal proceedings Part 12 Evidentiary provisions Division 3 s. 196 Item Matter proved Evidence of 7. That aquatic organisms -- That the aquatic organisms were in the (a) were at a place in possession of the which aquatic person for the purpose organisms were ordinarily received for of sale commercial purposes; and (b) were in the possession of a person at the place 8. That a record or return was That the record or recorded, submitted or return was recorded, lodged for the purposes of submitted or lodged this Act using a by the person whose restricted-access electronic personal identification reporting system number, password, access code, encryption key or other information or device was used to access the system for the purpose of recording, submitting or lodging the record or return 1 196. Onus of proving certain matters 2 In any proceedings for an offence against this Act, the onus of 3 proving a matter listed in the Table lies with the person 4 asserting the matter. page 145 Aquatic Resources Management Bill 2015 Part 12 Legal proceedings Division 3 Evidentiary provisions s. 197 1 Table Item Matter 1. That at the time of the alleged offence a person was not required in accordance with section 6 to hold an authorisation 2. That conduct was engaged in with lawful excuse or reasonable excuse 3. That a person, boat or thing referred to in the charge was not in WA waters 4. That an aquatic organism was taken from waters other than WA waters 5. That conduct was engaged in in waters other than WA waters 2 197. Proof as to aquatic organisms taken for sale 3 (1) In any proceedings for an offence against this Act, proof that 4 any aquatic organism taken by a person was subsequently sold 5 by or on behalf of the person is conclusive evidence that the 6 aquatic organism was taken by the person for the purpose of 7 sale. 8 (2) In any proceedings for an offence against this Act, proof that 9 any aquatic organism in a person's possession was subsequently 10 sold by or on behalf of the person is conclusive evidence that 11 the person had the organism in the person's possession for the 12 purpose of sale. 13 198. Determining characteristics of aquatic organisms 14 The size, weight or any other characteristic of an aquatic 15 organism is, for the purposes of this Act, to be determined using 16 any method that is prescribed. page 146 Aquatic Resources Management Bill 2015 Legal proceedings Part 12 Evidentiary provisions Division 3 s. 199 1 199. Accuracy of compliance officers' equipment 2 In any proceedings for an offence against this Act, proof is not 3 required of the accuracy of any communications, navigational, 4 measuring or recording equipment (including electronic 5 equipment) used by a compliance officer, unless evidence is 6 given to the contrary. 7 200. Accuracy of approved devices 8 (1) In this section -- 9 approved electronic information device means an electronic 10 device of a type approved in accordance with the regulations 11 that records information or data or transmits recorded 12 information or data. 13 (2) In any proceedings for an offence against this Act, information 14 recorded on, or transmitted by means of, an approved electronic 15 information device is to be taken to be accurate and correct, 16 unless the contrary is proved. 17 201. Determining positions on Earth 18 (1) If, for the purposes of this Act, it is necessary to determine the 19 position on the surface of the Earth of a point, line or area, that 20 reference is to be determined by reference to the prescribed 21 Australian datum. 22 (2) Regulations that prescribe a datum for the purposes referred to 23 in subsection (1), or amend that datum or prescribe another 24 datum to replace that datum, may make any transitional or 25 savings provisions that are necessary or convenient to be 26 made -- 27 (a) in relation to an authorisation, temporary aquaculture 28 permit or aquaculture lease granted before the 29 regulations take effect; or 30 (b) in relation to an application for an authorisation, 31 temporary aquaculture permit or aquaculture lease 32 pending when the regulations take effect; or page 147 Aquatic Resources Management Bill 2015 Part 12 Legal proceedings Division 4 Forfeiture s. 202 1 (c) in relation to a management plan, ARMS, ARUP, order, 2 notice or other instrument made under this Act and in 3 force when the regulations take effect; or 4 (d) for any other purpose. 5 (3) Regulations referred to in subsection (2) may modify or 6 otherwise affect the operation of this Act. 7 Division 4 -- Forfeiture 8 202. Return of seized things 9 (1) The CEO may authorise the return of anything seized under this 10 Act to -- 11 (a) the owner or person entitled to the possession of the 12 thing; or 13 (b) the person from whom the thing was seized. 14 (2) The CEO may impose conditions on the return of the thing 15 including a condition that the person give security to the CEO 16 for payment of the value of the thing if it is forfeited. 17 (3) If the thing is forfeited to the State any security given to the 18 CEO in lieu of the thing is taken to be forfeited to the State. 19 (4) A person who contravenes a condition imposed under 20 subsection (2) commits an offence. 21 Penalty: a fine of $10 000. 22 (5) If a court convicts a person of an offence against subsection (4), 23 the court may, in addition to any penalty imposed under that 24 subsection, order the person to pay compensation for any 25 damage or loss caused by the offence to any person. 26 203. Court orders for forfeiture of certain things 27 (1) Subject to subsection (3), if a court convicts a person of an 28 offence against this Act, the court may, in addition to any other page 148 Aquatic Resources Management Bill 2015 Legal proceedings Part 12 Forfeiture Division 4 s. 203 1 penalty imposed under this Act, order the forfeiture to the State 2 of any -- 3 (a) aquatic organisms the subject of the offence; and 4 (b) fishing gear or aquaculture gear used, or intended to be 5 used, in the commission of the offence; and 6 (c) boat, other vehicle or other thing used in the commission 7 of the offence; and 8 (d) trailer used to transport a boat referred to in 9 paragraph (c); and 10 (e) resource shares or catch entitlement the subject of the 11 offence; and 12 (f) money, cheque or other thing that is the proceeds of the 13 sale of any aquatic organism in contravention of this 14 Act. 15 (2) A court must not make an order for the forfeiture of anything 16 under subsection (1) unless the prosecutor, or a person acting 17 for or on behalf of the prosecutor, applies for the order. 18 (3) If a court convicts a person of an offence against section 141(1) 19 or 142(1) in relation to a foreign boat, the court must, in 20 addition to any other penalty imposed under this Act, order the 21 forfeiture to the State of -- 22 (a) the foreign boat and any aquatic organism, fishing gear 23 or other thing that could be forfeited to the State under 24 subsection (1); and 25 (b) any aquatic organism or other animal or any fishing 26 gear, money, cheque or other thing that, at the time of 27 the offence, was on or attached to the foreign boat; and 28 (c) any aquatic organism, fishing gear, money or cheque 29 that, at the time of the offence, was in the possession of 30 any person on board the foreign boat; and 31 (d) any aquatic organism or other animal on or attached to 32 any fishing gear used, or intended to be used, in the 33 commission of the offence. page 149 Aquatic Resources Management Bill 2015 Part 12 Legal proceedings Division 4 Forfeiture s. 204 1 204. Forfeiture of unclaimed seized things 2 (1) The CEO must give notice in the prescribed way if anything is 3 seized under this Act and its owner cannot be found. 4 (2) The notice must include the following -- 5 (a) details of the thing seized; 6 (b) advice that the thing is being held; 7 (c) details of how the thing may be claimed by its owner. 8 (3) A thing that is the subject of a notice under subsection (1) is 9 forfeited to the State if -- 10 (a) 3 months has expired from the day on which the notice 11 was given; and 12 (b) the thing has not been claimed by its owner. 13 205. Forfeiture of certain seized things 14 (1) In this section -- 15 seized thing means any of the following things seized under this 16 Act -- 17 (a) a protected aquatic organism; 18 (b) a quantity of aquatic organisms in excess of a quantity 19 provided for in regulations made under section 126; 20 (c) a quantity of aquatic organisms in excess of a quantity 21 or value that is prescribed for the purposes of the 22 definition of commercial quantity in section 127; 23 (d) a declared organism; 24 (e) an aquatic organism other than a protected aquatic 25 organism if the aquatic organism is seized under 26 section 170(f); 27 (f) a receptacle, container or medium containing an aquatic 28 organism referred to in this section. 29 (2) A seized thing is, on seizure, taken to have been forfeited to the 30 State. page 150 Aquatic Resources Management Bill 2015 Legal proceedings Part 12 penalties Division 5 s. 206 1 206. Disposal of forfeited things 2 (1) Any thing forfeited to the State under this Act may be sold, 3 destroyed or otherwise disposed of in the prescribed way. 4 (2) Proceeds of the sale of any thing forfeited to the State under this 5 Act are to be paid into -- 6 (a) an account referred to in Part 14 Division 3 that is 7 prescribed; or 8 (b) if no account is prescribed, the Consolidated Account. 9 Division 5 -- Additional provisions about penalties 10 207. Additional penalty based on value of aquatic organisms 11 (1) This section applies to an offence against -- 12 (a) a provision listed in the Table; or 13 (b) a provision of the regulations that is prescribed for the 14 purposes of this section. 15 Table s. 31(2) and (3) s. 49(2) and (3) s. 64(2) and (3) s. 65(2) and (3) s. 125(4) s. 129 s. 140(1) 16 (2) If a court convicts a person of an offence against a provision 17 referred to in subsection (1), in addition to any penalty imposed 18 under that provision, the court must impose on the person an 19 additional penalty that -- 20 (a) is equal to 10 times the prescribed value of any aquatic 21 organisms the subject of the offence; or 22 (b) if subsection (3) applies, is less than 10 times that value 23 but is at least equal to that value. page 151 Aquatic Resources Management Bill 2015 Part 12 Legal proceedings Division 5 penalties s. 208 1 (3) The court can only impose an additional penalty under 2 subsection (2)(b) -- 3 (a) on the application of the CEO; and 4 (b) if the court is satisfied that the imposition of the 5 additional penalty under subsection (2)(a) would be 6 harsh, oppressive or not otherwise in the interests of 7 justice. 8 (4) A court may determine the prescribed value of any aquatic 9 organisms the subject of the offence by reference to either the 10 weight of the organisms or the number of organisms. 11 (5) A court is to determine the prescribed value of any aquatic 12 organism the subject of the offence -- 13 (a) if the court is determining the value of the aquatic 14 organisms by reference to the weight of the organisms, 15 by multiplying the weight by the value per unit of 16 weight prescribed in respect of an aquatic organism of 17 that class; and 18 (b) if the court is determining the value of the aquatic 19 organisms by reference to the number of organisms, by 20 multiplying the number by the value per organism 21 prescribed in respect of an aquatic organism of that 22 class. 23 (6) The additional penalty referred to in subsection (2)(a) or (b) 24 may not be reduced in mitigation despite the provisions of any 25 other Act. 26 (7) A provision of the regulations may be prescribed for the 27 purposes of subsection (1)(b) by reference to the circumstances 28 in which the offence is committed. 29 208. Court's power to cancel or suspend authorisation 30 (1) If a court convicts a person of an offence against this Act the 31 court may, in addition to any other penalty imposed under this page 152 Aquatic Resources Management Bill 2015 Legal proceedings Part 12 penalties Division 5 s. 209 1 Act, cancel, or suspend for any period, any authorisation held by 2 the person. 3 (2) A court must not cancel or suspend an authorisation under 4 subsection (1) unless the prosecutor, or a person acting for or on 5 behalf of the prosecutor, applies for the cancellation or 6 suspension. 7 209. Automatic suspension of authorisation if 3 offences 8 committed in 10 year period 9 (1) In this section -- 10 authorisation includes an authorisation that has been cancelled, 11 or has expired or been surrendered. 12 (2) The CEO must, as soon as is practicable, record a conviction of 13 a prescribed offence against this Act on the register in respect of 14 an authorisation if the CEO is satisfied that -- 15 (a) the offence relates to conduct engaged in, or purporting 16 to be engaged in, under the authorisation; and 17 (b) the person convicted of the offence was, at the time the 18 offence was committed, the holder of the authorisation 19 or a person acting for or on behalf of the holder. 20 (3) The CEO may transfer the record of a conviction in respect of 21 an authorisation (the original authorisation) to another 22 authorisation (the new authorisation) if -- 23 (a) the original authorisation was granted in respect of a 24 managed fishery or managed aquatic resource; and 25 (b) the management plan for the fishery or the ARUP for 26 the aquatic resource has been revoked; and 27 (c) a management plan or an ARUP provides for the 28 granting of the new authorisation to the person who was 29 the holder of the original authorisation. page 153 Aquatic Resources Management Bill 2015 Part 12 Legal proceedings Division 5 penalties s. 209 1 (4) The CEO may transfer the record of a conviction in respect of 2 an authorisation (the original authorisation) to another 3 authorisation (the new authorisation) if -- 4 (a) the original authorisation has expired without being 5 renewed or has been surrendered by the holder; and 6 (b) the new authorisation is the same type of authorisation 7 as the original authorisation; and 8 (c) the new authorisation is held by the person who was the 9 holder of the original authorisation immediately before 10 it expired or was surrendered. 11 (5) If the CEO transfers the record of a conviction in respect of an 12 authorisation under subsection (3) or (4), the record of the 13 conviction is to be taken to have been recorded on the new 14 authorisation on the date that it was recorded on the original 15 authorisation. 16 (6) If the CEO records 3 or more convictions in respect of an 17 authorisation in any 10 year period the CEO must, by notice in 18 writing given to the holder of the authorisation, suspend the 19 authorisation for the period of one year commencing on the day 20 that the authorisation is next renewed or such other day as is 21 prescribed. 22 (7) An authorisation suspended under subsection (6) remains 23 suspended after the time period referred to in that subsection has 24 elapsed until the CEO is satisfied that all outstanding fines have 25 been paid in respect of -- 26 (a) the convictions recorded with respect to the 27 authorisation under this section; and 28 (b) any other conviction of the holder of the authorisation 29 under this Act. 30 (8) For the purposes of this section -- 31 (a) it is irrelevant that, at the time the authorisation is 32 suspended under subsection (6), the authorisation is held page 154 Aquatic Resources Management Bill 2015 Legal proceedings Part 12 penalties Division 5 s. 210 1 by a person other than the person who has been 2 convicted of all or any of the offences; 3 (b) if 2 or more offences arose out of one set of facts those 4 offences are to be regarded as one offence; 5 (c) a conviction may be recorded in respect of more than 6 one authorisation. 7 210. Effect of conviction on surety provided for authorisation 8 (1) The CEO must record a conviction of a prescribed offence 9 against this Act on the register in respect of a surety if -- 10 (a) the surety is provided for an authorisation; and 11 (b) a conviction is recorded on the register in respect of the 12 authorisation in accordance with section 209. 13 (2) If the CEO records 3 or more convictions in respect of a surety 14 in any 10 year period -- 15 (a) if the surety is provided in the form of a monetary bond, 16 the bond is forfeited to the State; and 17 (b) if the surety is provided in the form of nomination of 18 one or more resource shares, the allocated catch for each 19 resource share is reduced to zero in the fishing period 20 following the recording of the third conviction; and 21 (c) if the surety is provided in any other form, the surety is 22 to be dealt with in accordance with regulations. 23 (3) The following things are irrelevant for the purposes of this 24 section -- 25 (a) that, at the time the surety is dealt with under 26 subsection (2), the surety is surety for an authorisation 27 which is, or is not, suspended under section 209; 28 (b) that, at the time the surety is dealt with under 29 subsection (2), the authorisation for which the surety 30 was provided is held by a person other than the person 31 who has been convicted of all or any of the offences; 32 (c) when the surety was provided. page 155 Aquatic Resources Management Bill 2015 Part 12 Legal proceedings Division 5 penalties s. 211 1 (4) For the purposes of this section, if 2 or more offences arose out 2 of one set of facts those offences are to be regarded as one 3 offence. 4 211. Court's power to impose prohibitions on offender 5 (1) If a court convicts a person of an offence against this Act, in 6 addition to any other penalty that may be imposed for the 7 offence, the court may by order prohibit the person from doing 8 one or more of the following -- 9 (a) being on board a specified boat or any boat of a 10 specified class; 11 (b) being at a specified place or any place of a specified 12 class; 13 (c) undertaking a specified activity related to fishing or 14 aquaculture, including -- 15 (i) being employed in, or managing, operating or 16 holding an interest in, a business; and 17 (ii) being in control or possession of aquatic 18 organisms or aquatic organisms of a specified 19 class; and 20 (iii) being in control or possession of fishing or 21 aquaculture gear or fishing or aquaculture gear of 22 a specified class; 23 (d) being on or near specified waters. 24 (2) A court must not make an order under subsection (1) unless -- 25 (a) the prosecutor, or a person acting for or on behalf of the 26 prosecutor, applies for the order; and 27 (b) the court is satisfied that -- 28 (i) the relevant offence is of a serious nature; and 29 (ii) the person is likely to commit further offences 30 against this Act if the order is not made. page 156 Aquatic Resources Management Bill 2015 Legal proceedings Part 12 penalties Division 5 s. 212 1 (3) An order -- 2 (a) may apply generally or at specified times or in specified 3 circumstances; and 4 (b) has effect for such period as is specified in the order or, 5 if no period is specified, until the order is rescinded; and 6 (c) may be rescinded or varied at any time. 7 (4) A person who contravenes an order made under this section 8 commits an offence. 9 Penalty: 10 (a) for a first offence, a fine of $40 000; 11 (b) for a second or subsequent offence, a fine of $80 000 12 and imprisonment for 12 months. 13 (5) A person who allows or permits another person to contravene an 14 order made under this section commits an offence. 15 Penalty: 16 (a) for a first offence, a fine of $40 000; 17 (b) for a second or subsequent offence, a fine of $80 000 18 and imprisonment for 12 months. 19 (6) It is a defence to a charge under subsection (5) to prove that the 20 person did not know that the conduct engaged in by the other 21 person contravened an order made under this section. 22 212. Offence taken to be first offence in some circumstances 23 For the purposes of this Act (other than section 143), in 24 determining the penalty for an offence (the relevant offence) of 25 which a person is convicted under a provision of this Act, the 26 relevant offence is to be taken to be a first offence under that 27 provision if the person had not been convicted of an offence 28 under that provision during the period of 10 years ending on the 29 day of the conviction for the relevant offence. page 157 Aquatic Resources Management Bill 2015 Part 13 Administration Division 1 Delegation s. 213 1 Part 13 -- Administration 2 Division 1 -- Delegation 3 213. Delegation by Minister 4 (1) The Minister may delegate to a person any power the Minister 5 has under another provision of this Act other than a power 6 conferred under a section listed in the Table. 7 Table s. 14 s. 20 s. 72 s. 112 s. 117 s. 120 s. 254 s. 255 s. 273 8 (2) The delegation must be in writing signed by the Minister. 9 (3) A person to whom a power is delegated under this section 10 cannot delegate that power. 11 (4) A person exercising a power that has been delegated to the 12 person under this section is taken to do so in accordance with 13 the terms of the delegation unless the contrary is shown. 14 (5) This section does not limit the ability of the Minister to exercise 15 a power through an officer or agent. 16 214. Delegation by CEO 17 (1) The CEO may delegate to a person any power the CEO has 18 under another provision of this Act. 19 (2) The delegation must be in writing signed by the CEO. page 158 Aquatic Resources Management Bill 2015 Administration Part 13 AR Ministerial body Division 2 s. 215 1 (3) A person to whom a power is delegated under this section 2 cannot delegate that power. 3 (4) A person exercising a power that has been delegated to the 4 person under this section is taken to do so in accordance with 5 the terms of the delegation unless the contrary is shown. 6 (5) This section does not limit the ability of the CEO to exercise a 7 power through an officer or agent. 8 215. Minister may carry out research and other activities 9 The Minister may cause to be carried out any research, 10 exploration, experiments, works or operations of any kind for 11 the purposes of this Act. 12 Division 2 -- AR Ministerial body 13 216. Term used: AR Ministerial body 14 In this Division -- 15 AR Ministerial Body means the body corporate of that name 16 established by section 217. 17 217. AR Ministerial Body 18 (1) The AR Ministerial Body is established. 19 (2) The AR Ministerial Body is a body corporate with perpetual 20 succession. 21 (3) Proceedings may be taken by or against the AR Ministerial 22 Body in its corporate name. 23 (4) The AR Ministerial Body is to be governed by the Minister. 24 (5) The AR Ministerial Body has the status, immunities and 25 privileges of the Crown. page 159 Aquatic Resources Management Bill 2015 Part 13 Administration Division 2 AR Ministerial body s. 218 1 218. Purpose and nature of AR Ministerial Body 2 (1) The AR Ministerial Body is established to provide a body 3 corporate through which the Minister can perform any of the 4 Minister's functions under this Act that can more conveniently 5 be performed by a body corporate than an individual. 6 (2) Any acts or things done through the AR Ministerial Body as 7 described in subsection (1) are to be regarded as -- 8 (a) services under the control of the Department for the 9 purposes of the Financial Management Act 2006 10 section 52; and 11 (b) operations of the Department for the purposes of Part 5 12 of that Act. 13 (3) Despite the employment under the Public Sector 14 Management Act 1994 of ministerial officers for the purpose of 15 assisting the Minister to perform functions that the Minister 16 performs through the AR Ministerial Body, the AR Ministerial 17 Body and those officers are not an organisation for the purposes 18 of that Act. 19 219. Execution of documents by AR Ministerial Body 20 (1) The AR Ministerial Body is to have a common seal. 21 (2) A document is duly executed by the AR Ministerial Body if -- 22 (a) the common seal of the AR Ministerial Body is affixed 23 to it in accordance with subsections (3) and (4); or 24 (b) it is signed on behalf of the AR Ministerial Body by the 25 Minister; or 26 (c) it is signed on behalf of the AR Ministerial Body, as 27 authorised under subsection (5), by the CEO or another 28 person. 29 (3) The common seal of the AR Ministerial Body is not to be 30 affixed to a document except as authorised by the AR 31 Ministerial Body. page 160 Aquatic Resources Management Bill 2015 Administration Part 13 AR Ministerial body Division 2 s. 219 1 (4) The common seal of the AR Ministerial Body is to be affixed to 2 a document in the presence of the Minister, and the Minister is 3 to sign the document to attest that the common seal was so 4 affixed. 5 (5) The AR Ministerial Body may, by writing under its seal, 6 authorise the CEO or another person to execute deeds or other 7 documents on behalf of the AR Ministerial Body, either 8 generally or subject to any conditions or restrictions specified in 9 the authorisation. 10 (6) A document purporting to be executed in accordance with this 11 section is to be presumed to be duly executed until the contrary 12 is shown. 13 (7) A document executed by the CEO or another person under this 14 section without the common seal of the AR Ministerial Body is 15 not to be regarded as a deed unless it is executed as a deed as 16 authorised under subsection (5). 17 (8) When a document is produced bearing a seal purporting to be 18 the common seal of the AR Ministerial Body, it is to be 19 presumed that the seal is the common seal of the AR Ministerial 20 Body until the contrary is shown. 21 (9) For the purposes of this Act, a facsimile of -- 22 (a) the AR Ministerial Body's seal; or 23 (b) the signature of the Minister or a person authorised 24 under subsection (5) to execute deeds or other 25 documents, 26 may be used, and a deed or other document purporting to be 27 endorsed with such a facsimile is, until the contrary is shown, to 28 be regarded as bearing the facsimile under this subsection. page 161 Aquatic Resources Management Bill 2015 Part 13 Administration Division 3 Use of outside bodies in performance of functions s. 220 1 Division 3 -- Use of outside bodies in performance of functions 2 220. Term used: agreement 3 In this Division -- 4 agreement means an agreement entered into under section 222. 5 221. Minister may recognise body 6 The Minister may, by instrument in writing -- 7 (a) formally recognise a body corporate as suitable to carry 8 out a function referred to in section 222(2); or 9 (b) vary or revoke an instrument referred to in 10 paragraph (a). 11 222. Minister may enter agreement with recognised body 12 (1) The Minister may enter into a written agreement with a body to 13 carry out a function for the purposes of this Act if the Minister 14 has recognised the body as suitable to carry out that function. 15 (2) The agreement may relate to any of the following functions -- 16 (a) collection and analysis of data relevant to an aquatic 17 resource; 18 (b) advising the Minister about the management of an 19 aquatic resource; 20 (c) developing plans for the management of an aquatic 21 resource; 22 (d) the management of specified aspects of an aquatic 23 resource; 24 (e) restricting access to an aquatic resource on a specified 25 basis, including for a specified period; 26 (f) the conduct of trading resource shares in an aquatic 27 resource; 28 (g) representing the interests of the commercial fishing 29 sector; page 162 Aquatic Resources Management Bill 2015 Administration Part 13 Use of outside bodies in performance of functions Division 3 s. 222 1 (h) representing the interests of the recreational fishing 2 sector; 3 (i) providing education and training about the management 4 of an aquatic resource to persons who have, or want to 5 have, access to the aquatic resource; 6 (j) the control and management of an aquatic habitat 7 protection area or part of an aquatic habitat protection 8 area; 9 (k) the control and management of a declared organism; 10 (l) any other prescribed functions. 11 (3) An agreement must include the following -- 12 (a) details of the parties to the agreement; 13 (b) details of the function or functions to be carried out 14 under the agreement; 15 (c) the term of the agreement; 16 (d) the financial arrangements under which the agreement is 17 to operate which may include arrangements in relation 18 to any of the following matters -- 19 (i) payments to be made by the Minister to the body 20 for carrying out functions under the agreement; 21 (ii) fees that may be payable to the body by persons 22 other than the Minister; 23 (iii) fees or payments to be made by the body to the 24 Minister; 25 (e) the conditions under which the agreement may be varied 26 or terminated; 27 (f) penalties that apply in the event that the body fails to 28 comply with the terms of the agreement. 29 (4) The Minister must -- 30 (a) cause notice of an agreement to be published in the 31 Gazette as soon as is practicable after the agreement is 32 made; and page 163 Aquatic Resources Management Bill 2015 Part 13 Administration Division 4 Advisory Committees s. 223 1 (b) make the agreement available for inspection by 2 members of the public at times and places specified in 3 the notice. 4 223. Effect of agreement 5 (1) Nothing in an agreement limits the power of the Minister to 6 carry out a function under this Act. 7 (2) If there is any inconsistency between fees payable under the 8 regulations made under this Act and fees payable for the same 9 service under an agreement, the fees payable under the 10 agreement prevail to the extent of the inconsistency. 11 Division 4 -- Advisory Committees 12 224. Establishment and functions of advisory committees 13 (1) The Minister may, by instrument in writing, establish advisory 14 committees, consisting of persons considered by the Minister to 15 be suitable, to provide information and advice to the Minister or 16 the CEO on matters related to one or more of the following -- 17 (a) the protection and management of an aquatic resource; 18 (b) the management of a fishing activity; 19 (c) the management of aquaculture; 20 (d) the administration of this Act. 21 (2) The CEO may, by instrument in writing, establish advisory 22 committees, consisting of persons considered by the CEO to be 23 suitable, to provide information and advice to the CEO on 24 matters relating to one or more of the following -- 25 (a) the protection and management of an aquatic resource; 26 (b) the management of a fishing activity; 27 (c) the management of aquaculture; 28 (d) the administration of this Act. page 164 Aquatic Resources Management Bill 2015 Administration Part 13 Advisory Committees Division 4 s. 225 1 (3) The instrument establishing an advisory committee -- 2 (a) must specify the functions, and identify the members, of 3 the committee; and 4 (b) may provide for any other matter that, in the opinion of 5 the person establishing the committee, is necessary for 6 the operation of the committee. 7 (4) The person establishing the committee may, by further 8 instrument in writing, amend or revoke an instrument made 9 under this section. 10 225. Regulations about operation of committees 11 The regulations may provide for any matter necessary for the 12 operation of a committee established under this Division. page 165 Aquatic Resources Management Bill 2015 Part 14 Financial provisions Division 1 Preliminary s. 226 1 Part 14 -- Financial provisions 2 Division 1 -- Preliminary 3 226. Term used: levy 4 In this Part -- 5 levy means a levy imposed under the Fishing Industry 6 Promotion Training and Management Levy Act 1994. 7 Division 2 -- Collection of levy imposed under Fishing Industry 8 Promotion Training and Management Levy Act 1994 9 227. When and to whom levy is payable 10 (1) A levy is due and payable at a time or times ascertained in 11 accordance with the regulations. 12 (2) A levy is payable to the Minister. 13 228. Payment by instalments 14 (1) The regulations may provide for the payment of a levy by 15 instalments. 16 (2) If the regulations provide for the payment of a levy by 17 instalment -- 18 (a) each instalment is due and payable at a time ascertained 19 in accordance with the regulations; and 20 (b) if an instalment is not paid at or before the time due for 21 the payment of the instalment, the whole amount of the 22 levy becomes due and payable at that time. 23 229. Exemption from levy 24 (1) The Minister may, by notice in writing, exempt a person wholly 25 or in part from payment of the levy if the Minister is satisfied 26 that to require the person to pay a levy would cause the person 27 undue hardship. page 166 Aquatic Resources Management Bill 2015 Financial provisions Part 14 Accounts Division 3 s. 230 1 (2) The Minister may, by notice in writing given to a person 2 exempted under subsection (1), vary or revoke the exemption. 3 230. Penalty for non-payment 4 If an amount of a levy remains unpaid after the day on which it 5 becomes due for payment, the person liable to pay the levy is 6 liable to pay to the Minister, in addition to the amount of the 7 levy, an amount calculated at the rate of 20% per annum on the 8 amount of the levy from time to time remaining unpaid. 9 231. Recovery of levy 10 The following amounts may be recovered by the Minister in a 11 court of competent jurisdiction as debts due to the Minister -- 12 (a) a levy that is due and payable; 13 (b) an amount payable under section 230. 14 Division 3 -- Accounts 15 232. Aquatic Resources Research and Development Account 16 (1) The Aquatic Resources Research and Development Account 17 (the R&D Account) is an agency special purpose account under 18 the Financial Management Act 2006 section 16. 19 (2) The R&D Account is to be administered by the Minister. 20 (3) The R&D Account is to be credited with the following -- 21 (a) fees and charges paid in respect of -- 22 (i) authorisations (other than recreational fishing 23 licences), temporary aquaculture permits and 24 exemptions; 25 (ii) registration of resource shares; 26 (iii) registration of catch entitlement; 27 (iv) the register; 28 (v) services relating to commercial fishing and 29 aquaculture; page 167 Aquatic Resources Management Bill 2015 Part 14 Financial provisions Division 3 Accounts s. 232 1 (vi) the management of aquatic habitat protection 2 areas or the Abrolhos Islands reserve; 3 (b) fees or other moneys paid to the Minister under an 4 agreement referred to in section 222; 5 (c) monetary bonds paid to the CEO as surety for an 6 authorisation; 7 (d) fees, royalties or other money paid in respect of 8 aquaculture leases or aquaculture facilities; 9 (e) rent or other money paid to the Minister under leases or 10 licences issued under management orders as defined in 11 the Land Administration Act 1997 in respect of aquatic 12 habitat protection areas, the Abrolhos Islands reserve or 13 any other reserve the care, control and management of 14 which have been placed under section 46 of that Act 15 with the Minister; 16 (f) payments received under section 74(2)(e); 17 (g) costs recouped from prosecutions relating to commercial 18 fishing; 19 (h) costs paid to the CEO in accordance with an order of the 20 State Administrative Tribunal relating to commercial 21 fishing; 22 (i) proceeds of the sale on behalf of the Department of 23 any -- 24 (i) forfeited property if the regulations provide that 25 the proceeds are to be paid into the R&D 26 Account; 27 (ii) capital assets purchased using moneys from the 28 R&D Account; 29 (iii) publication, advertising rights or intellectual 30 property; 31 (iv) entitlement; page 168 Aquatic Resources Management Bill 2015 Financial provisions Part 14 Accounts Division 3 s. 232 1 (v) aquatic organisms bred on behalf of the 2 Department; 3 (j) moneys provided for the purposes of the R&D 4 Account -- 5 (i) by any statutory authority or government 6 (whether Commonwealth, State or otherwise); or 7 (ii) otherwise by way of donations or bequests; 8 (k) income derived from the investment of moneys forming 9 part of the R&D Account, as determined by the 10 Treasurer; 11 (l) any other moneys lawfully payable to the credit of the 12 R&D Account. 13 (4) The R&D Account may be applied by the Minister for the 14 following purposes -- 15 (a) to develop and manage aquaculture or aquatic resources 16 for commercial purposes including by means of one or 17 more of the following -- 18 (i) the conduct of scientific, technological or 19 economic research; 20 (ii) the purchase of any authorisation, entitlement, 21 resource share, catch entitlement, boat or fishing 22 or aquaculture gear; 23 (iii) the conduct of programmes and provision of 24 extension services, including publicity 25 programmes; 26 (iv) the purchase of required capital assets; 27 (v) the provision of assistance to the fishing industry 28 or any body (whether incorporated or not) whose 29 objects include the provision of assistance to, or 30 the promotion of, the fishing industry; 31 (vi) refund of monetary bonds provided as surety for 32 an authorisation; page 169 Aquatic Resources Management Bill 2015 Part 14 Financial provisions Division 3 Accounts s. 232 1 (vii) the payment of consideration for the surrender of 2 an aquaculture lease; 3 (viii) the maintenance of the marking and lighting of 4 areas used for aquaculture; 5 (ix) the clean up and rehabilitation of areas 6 previously used for aquaculture purposes; 7 (x) repayment of any amount paid under 8 section 91(4)(c) that is not required to satisfy a 9 debt due under section 96(2)(b); 10 (xi) to defray the costs of commercial fishing and 11 aquaculture administration and management; 12 (b) to make payments under an agreement referred to in 13 section 222; 14 (c) to defray the costs of the administration and 15 management of customary fishing; 16 (d) the purposes set out in section 117(2) for which an area 17 may be set aside as an aquatic habitat protection area; 18 (e) the care, control and management of the Abrolhos 19 Islands reserve; 20 (f) to conduct enforcement, operations and compliance 21 programmes; 22 (g) in payment to the Fisheries Adjustment Schemes Trust 23 Account under the Fisheries Adjustment Schemes 24 Act 1987 for the benefit of the fishing industry or the 25 aquaculture industry; 26 (h) in payment of compensation under the Fishing and 27 Related Industries Compensation (Marine Reserves) 28 Act 1997 section 12 and of the costs of administering 29 that Act; 30 (i) in payment of any administrative costs under Part 9; page 170 Aquatic Resources Management Bill 2015 Financial provisions Part 14 Accounts Division 3 s. 233 1 (j) to defray any costs -- 2 (i) incurred in the management of a marine park or 3 marine management area; and 4 (ii) attributable to aquaculture activity that is 5 authorised under this Act; 6 (k) in payment of the costs of administering the R&D 7 Account; 8 (l) any other purpose for which moneys may be lawfully 9 paid from the R&D Account. 10 233. Recreational Fishing Account 11 (1) The Recreational Fishing Account (the RF Account) is an 12 agency special purpose account under the Financial 13 Management Act 2006 section 16. 14 (2) The RF Account is to be administered by the Minister. 15 (3) The RF Account is to be credited with the following -- 16 (a) fees and charges paid in respect of -- 17 (i) recreational fishing licences; 18 (ii) services relating to recreational fishing; 19 (iii) the management of aquatic habitat protection 20 areas or the Abrolhos Islands reserve relating to 21 recreational fishing; 22 (iv) licences for charter boats used for recreational 23 fishing; 24 (v) licences for persons providing aquatic 25 eco-tourism or fishing tours; 26 (b) proceeds of the allocation of an entitlement to take a 27 quantity of TAC under section 47(4); 28 (c) costs recouped from prosecutions relating to recreational 29 fishing; page 171 Aquatic Resources Management Bill 2015 Part 14 Financial provisions Division 3 Accounts s. 233 1 (d) costs paid to the CEO in accordance with an order of the 2 State Administrative Tribunal relating to recreational 3 fishing; 4 (e) moneys provided for the purposes of the RF Account -- 5 (i) by any statutory authority or government 6 (whether Commonwealth, State or otherwise); or 7 (ii) otherwise by way of donations or bequests; 8 (f) proceeds of the sale of any -- 9 (i) forfeited property if the regulations provide that 10 the proceeds are to be paid into the RF Account; 11 (ii) capital assets purchased using moneys from the 12 RF Account; 13 (g) income derived from programmes, extension services, 14 publications, research or other services provided using 15 moneys from the RF Account; 16 (h) income derived from the investment of moneys forming 17 part of the RF Account, as determined by the Treasurer; 18 (i) any other moneys lawfully payable to the credit of the 19 RF Account. 20 (4) The RF Account may be applied by the Minister for the 21 following purposes -- 22 (a) to develop and manage recreational fishing including by 23 means of one or more of the following -- 24 (i) the purchase of any authorisation, entitlement, 25 catch entitlement, boat or fishing gear; 26 (ii) the conduct of research, or publicity and 27 educational programmes; 28 (iii) the provision of required capital assets; 29 (iv) the payment of consideration for the surrender of 30 an aquaculture lease; page 172 Aquatic Resources Management Bill 2015 Financial provisions Part 14 Accounts Division 3 s. 234 1 (v) the provision of assistance to any body (whether 2 incorporated or not) whose objects include the 3 promotion of recreational fishing; 4 (vi) to defray the costs of recreational fishing 5 administration and management; 6 (b) in payment to the Fisheries Adjustment Schemes Trust 7 Account under the Fisheries Adjustment Schemes 8 Act 1987; 9 (c) to conduct enforcement, operations and compliance 10 programmes; 11 (d) in payment of the costs of administering the RF 12 Account; 13 (e) any other purpose for which moneys may be lawfully 14 paid from the RF Account. 15 234. Fishing Industry Promotion Training and Management 16 Levy Account 17 (1) The Fishing Industry Promotion Training and Management 18 Levy Account (the Levy Account) is an agency special purpose 19 account under the Financial Management Act 2006 section 16. 20 (2) The Levy Account is to be administered by the Minister. 21 (3) The Levy Account is to be credited with the following -- 22 (a) any levy paid; 23 (b) any amount paid under section 230; 24 (c) moneys provided for the purposes of the Levy Account 25 by way of donations or bequests; 26 (d) income derived from the investment of moneys forming 27 part of the Levy Account, as determined by the 28 Treasurer; 29 (e) any other moneys lawfully payable to the credit of the 30 Levy Account. page 173 Aquatic Resources Management Bill 2015 Part 14 Financial provisions Division 3 Accounts s. 234 1 (4) The Levy Account may be applied by the Minister for the 2 following purposes -- 3 (a) in payment to Levy Account programmes promoted by 4 industry bodies and approved by the Minister (after 5 consultation with such persons as the Minister thinks 6 fit), including programmes relating to -- 7 (i) seafood promotion; 8 (ii) promotion of the fishing or aquaculture industry; 9 (iii) fishing or aquaculture industry training; 10 (iv) fishing or aquaculture industry management; 11 (b) in payment of the costs of administering the Levy 12 Account (including the costs of collecting levies and 13 penalties). 14 (5) Moneys in the Levy Account may be paid by the Minister to an 15 industry body to conduct a programme promoted by that body. 16 (6) The payment of money to a body under subsection (5) is subject 17 to the conditions that -- 18 (a) the moneys are only expended for the purposes of the 19 programme and in accordance with any terms imposed 20 by the Minister; and 21 (b) at such time or times as are prescribed, a special purpose 22 audit is carried out by a registered company auditor of 23 allocation and expenditure of the moneys; and 24 (c) a report on the audit is prepared by the auditor and a 25 copy of the report is provided to the Minister as soon as 26 is practicable after it is prepared. 27 (7) A body to which money is paid under subsection (5) that fails to 28 ensure that a condition referred to in subsection (6) is complied 29 with commits an offence. 30 Penalty: a fine of $10 000. page 174 Aquatic Resources Management Bill 2015 Financial provisions Part 14 Accounts Division 3 s. 235 1 235. Application of Financial Management Act 2006 and Auditor 2 General Act 2006 3 (1) The provisions of the Financial Management Act 2006 and the 4 Auditor General Act 2006 regulating the financial 5 administration, audit and reporting of departments apply to and 6 in relation to each account referred to in this Division. 7 (2) The administration of each account referred to in this Division 8 is for the purposes of the Financial Management Act 2006 9 section 52 to be regarded as a service of the Department. page 175 Aquatic Resources Management Bill 2015 Part 15 Arrangements with other jurisdictions Division 1 Preliminary s. 236 1 Part 15 -- Arrangements with other jurisdictions 2 Division 1 -- Preliminary 3 236. Terms used 4 In this Part -- 5 arrangement means an arrangement for the management of a 6 fishing activity or a class of fishing activities made by the State 7 under this Part with one or more of the following -- 8 (a) the Commonwealth; 9 (b) another State or other States; 10 Commonwealth Minister means the Minister for the time being 11 administering the Commonwealth Act and any other Minister 12 exercising powers and performing functions under the 13 Commonwealth Act section 60; 14 Commonwealth regulated fishing activity means a fishing 15 activity in respect of which there is in force an arrangement 16 under which the fishing activity is to be managed in accordance 17 with the law of the Commonwealth, whether or not it is also to 18 be managed under some other law; 19 corresponding law means a law of the Commonwealth or 20 another State declared by the regulations to be a law 21 corresponding to this Act; 22 fishing activity includes aquaculture; 23 Joint Authority means -- 24 (a) the Western Australian Fisheries Joint Authority 25 continued in existence under the Fisheries Legislation 26 (Consequential Provisions) Act 1991 (Commonwealth); 27 or 28 (b) any other Joint Authority established under the 29 Commonwealth Act of which the Minister is a member; 30 regional fishing activity means a fishing activity in respect of 31 which there is in force an arrangement under which the fishing page 176 Aquatic Resources Management Bill 2015 Arrangements with other jurisdictions Part 15 Joint Authorities Division 2 s. 237 1 activity is to be managed in accordance with a corresponding 2 law (other than a law of the Commonwealth), whether or not it 3 is also to be managed under some other law; 4 State includes a Territory; 5 WA regulated fishing activity means a fishing activity in 6 respect of which there is in force an arrangement under which 7 the fishing activity is to be managed in accordance with the law 8 of this jurisdiction, whether or not it is also to be managed under 9 some other law. 10 Division 2 -- Joint Authorities 11 237. Functions of Joint Authority 12 A Joint Authority has the functions in relation to the 13 management of a fishing activity conferred on it by the law in 14 accordance with which the fishing activity is to be managed. 15 238. Delegation by Joint Authority 16 (1) A Joint Authority may delegate to a person any of its powers 17 under this Act. 18 (2) The delegation must be in writing executed by the Joint 19 Authority. 20 (3) A delegation under this section may be expressed as a 21 delegation to the person from time to time holding or 22 performing the duties of a specified office, including an 23 office -- 24 (a) in the service of; or 25 (b) in the service of an authority of; or 26 (c) under the law of, 27 the Commonwealth or another State. 28 (4) A person to whom a power is delegated under this section 29 cannot delegate that power. page 177 Aquatic Resources Management Bill 2015 Part 15 Arrangements with other jurisdictions Division 2 Joint Authorities s. 239 1 (5) A person exercising or performing a power that has been 2 delegated to the person under this section is to be taken to do so 3 in accordance with the terms of the delegation unless the 4 contrary is shown. 5 (6) Nothing in this section -- 6 (a) limits the ability of the Joint Authority to perform a 7 function through an agent; or 8 (b) limits the operation of the Interpretation Act 1984 9 sections 58 and 59; or 10 (c) is intended to prevent the delegation by a Joint 11 Authority, in accordance with the law of the 12 Commonwealth, of powers conferred on the Joint 13 Authority by that law. 14 239. Procedure of Joint Authorities 15 The Commonwealth Act sections 66 to 68 (inclusive) apply to 16 and in relation to the performance by a Joint Authority of its 17 functions under a written law of this jurisdiction. 18 240. Evidentiary matters 19 (1) All courts, judges and persons acting judicially are to take 20 judicial notice of -- 21 (a) the fact that a person is or was a member of a Joint 22 Authority or a deputy of a member of a Joint Authority; 23 and 24 (b) the official signature of such a person. 25 (2) A document signed by the Commonwealth Minister, or a deputy 26 of that Minister, purporting to be a record or copy of a decision 27 of a Joint Authority is, in the absence of evidence to the 28 contrary, proof of the matters stated in it. page 178 Aquatic Resources Management Bill 2015 Arrangements with other jurisdictions Part 15 Arrangements for management of particular fishing Division 3 activities s. 241 1 (3) In any legal proceedings, an instrument or other document 2 signed, on behalf of a Joint Authority, by a member of that Joint 3 Authority -- 4 (a) is to be taken to have been duly executed by the Joint 5 Authority; and 6 (b) unless the contrary is proved, is to be taken to be in 7 accordance with a decision of the Joint Authority. 8 (4) This section is in addition to and does not affect the operation of 9 the Evidence Act 1906. 10 241. Report of Joint Authority 11 The Minister must cause a copy of a report of a Joint Authority 12 prepared under the Commonwealth Act section 70 to be laid 13 before each House of Parliament as soon as is practicable after 14 the preparation of the report. 15 Division 3 -- Arrangements for management of particular 16 fishing activities 17 242. Arrangement for management under Commonwealth Act 18 (1) The State may, in accordance with the Commonwealth Act 19 section 74, make an arrangement referred to in section 71 or 72 20 of that Act for the management of a particular fishing activity or 21 class of fishing activity. 22 (2) An arrangement may be terminated as provided by the 23 Commonwealth Act. 24 (3) After an arrangement has been made but before the arrangement 25 takes effect authorisations, regulations, orders and instruments 26 may be granted, renewed, made or determined for the purposes 27 of the operation of this Act as affected by the arrangement as if 28 the arrangement had taken effect. page 179 Aquatic Resources Management Bill 2015 Part 15 Arrangements with other jurisdictions Division 3 Arrangements for management of particular fishing activities s. 243 1 (4) An authorisation, regulation, order or instrument referred to in 2 subsection (3) does not have effect before the arrangement takes 3 effect. 4 (5) Any authorisation, regulation, order and instrument granted, 5 renewed, made or determined, for the purposes of the operation 6 of this Act as affected by an arrangement ceases to have effect 7 on the termination of the arrangement. 8 (6) After action for the purpose of the termination of an 9 arrangement has been taken, but before the termination takes 10 effect authorisations, regulations, orders and instruments may be 11 granted, renewed, made or determined for the purposes of the 12 operation of this Act as affected by the termination of the 13 arrangement, as if the arrangement had been terminated. 14 (7) An authorisation, regulation, order or instrument referred to in 15 subsection (6) does not have effect before the termination of the 16 arrangement takes effect. 17 243. Minister may enter into arrangements with other States 18 The Minister may enter into an arrangement with a Minister 19 administering a corresponding law, or with an authority of 20 another State concerned in the administration of that law, for the 21 purpose of cooperation in furthering the objects of this Act 22 (whether in this State or in that other State). 23 244. Application of Act to fishing activities under arrangements 24 The provisions of this Act apply to and in relation to a 25 WA regulated fishing activity. 26 245. Application of Commonwealth law to fishing activities 27 under arrangements 28 Within the limits of the State, the law of the Commonwealth 29 applies as a law of the State to and in relation to a 30 Commonwealth regulated fishing activity. page 180 Aquatic Resources Management Bill 2015 Arrangements with other jurisdictions Part 15 Arrangements for management of particular fishing Division 3 activities s. 246 1 246. Application of corresponding laws to fishing activities under 2 arrangements 3 Within the limits of the State, a corresponding law applies as a 4 law of the State to and in relation to a regional fishing activity 5 that is regulated under the corresponding law. 6 247. Minister's powers and functions under Commonwealth Act 7 or corresponding law 8 (1) The Minister may exercise any power and perform any function 9 conferred on the Minister by the Commonwealth Act or a 10 corresponding law, including any power or function conferred 11 on the Minister as a member of a Joint Authority. 12 (2) If the Minister, acting in his or her capacity as a member of a 13 Joint Authority, appoints a person to be his or her deputy, the 14 deputy may exercise the powers and perform the functions 15 conferred by that Act on the deputy of a member of a Joint 16 Authority other than the Commonwealth Minister. 17 248. Functions of Joint Authority 18 (1) If a WA regulated fishing activity is managed by a Joint 19 Authority the Joint Authority has the functions of -- 20 (a) keeping constantly under consideration the condition of 21 the aquatic resource in respect of which the fishing 22 activity is managed; and 23 (b) formulating policies and plans for the good management 24 of the aquatic resource; and 25 (c) for the purposes of the management of the fishing 26 activity -- 27 (i) exercising the powers conferred on it by this Act; 28 and 29 (ii) cooperating and consulting with other authorities 30 (including other Joint Authorities within the 31 meaning of the Commonwealth Act) in matters 32 of common concern. page 181 Aquatic Resources Management Bill 2015 Part 15 Arrangements with other jurisdictions Division 3 Arrangements for management of particular fishing activities s. 249 1 (2) In the performance of its functions in relation to a WA regulated 2 fishing activity, a Joint Authority must have regard to the 3 objects of this Act and the means of carrying them out in 4 accordance with section 11. 5 249. Exercise of powers by Joint Authority 6 (1) Except as provided in this section, an authorisation granted or 7 renewed under this Act otherwise than by virtue of this section 8 does not authorise the doing of any act or thing in or in relation 9 to a fishing activity that is managed by a Joint Authority. 10 (2) If a WA regulated fishing activity is managed by a Joint 11 Authority -- 12 (a) the powers (including powers with respect to 13 authorisations) conferred on the Minister or another 14 person under this Act (this Part excepted) are 15 exercisable by the Joint Authority instead of the 16 Minister or other person; and 17 (b) references in the relevant provisions to the Minister and 18 to another person authorised to exercise a power, are 19 taken to be references to the Joint Authority. 20 (3) An authorisation granted by a Joint Authority must be limited 21 (whether by conditions or otherwise) to apply only in relation to 22 a fishing activity, or fishing activities, managed by the Joint 23 Authority. 24 (4) A Joint Authority may endorse an authorisation (including an 25 authorisation granted by the Joint Authority or another Joint 26 Authority) to extend the operation of the authorisation to 27 matters to which the licensing powers of the Joint Authority 28 under this Act are applicable. 29 (5) If an endorsement referred to in subsection (4) is made -- 30 (a) the endorsement ceases to have effect if the 31 authorisation ceases to have effect; and page 182 Aquatic Resources Management Bill 2015 Arrangements with other jurisdictions Part 15 Arrangements for management of particular fishing Division 3 activities s. 250 1 (b) the Joint Authority may suspend or cancel the 2 endorsement as if it were an authorisation granted by the 3 Joint Authority. 4 (6) Subject to section 252, if a Joint Authority commences the 5 management of a fishing activity, a regulation, order or 6 instrument made or determined under this Act that would, but 7 for this subsection, apply to the fishing activity, ceases to apply 8 to the fishing activity. 9 (7) This section does not empower a Joint Authority to grant, or to 10 take other action in respect of, an authorisation in respect of a 11 foreign boat or to endorse such an authorisation. 12 250. Application of offence provision in Act to fishing activity 13 managed by Joint Authority 14 Provisions of this Act that relate to offences, enforcement and 15 legal proceedings apply in relation to a fishing activity managed 16 by a Joint Authority and in respect of anything done to, or in 17 relation to, aquatic resources in respect of which the fishing 18 activity is managed and the provisions are to be read -- 19 (a) as if any reference in the provisions to an authorisation 20 were a reference to an authorisation or an endorsement 21 of an authorisation, as the case may be, granted, 22 renewed or made by the relevant Joint Authority, in 23 relation to the person alleged to have committed the 24 offence or the boat alleged to have been used in the 25 commission of the offence; and 26 (b) as if any reference in the provisions to aquatic resources 27 were a reference to aquatic resources to which the 28 fishing activity relates. page 183 Aquatic Resources Management Bill 2015 Part 15 Arrangements with other jurisdictions Division 3 Arrangements for management of particular fishing activities s. 251 1 251. Presumptions in relation to certain statements in 2 arrangements 3 A statement in an arrangement must be conclusively presumed 4 to be correct if it is to the effect that specified waters -- 5 (a) in the case of an arrangement to which the 6 Commonwealth and the State are the only parties, are 7 waters adjacent to the State; and 8 (b) in the case of any other arrangement, are waters adjacent 9 to the States that are parties to the arrangement or are 10 waters adjacent to a specified State or States. 11 252. Regulations, orders and instruments in respect of fishing 12 activities under arrangements 13 (1) If a WA regulated fishing activity is managed by a Joint 14 Authority, the Governor may, for the purpose of giving effect to 15 a decision of the Joint Authority -- 16 (a) make regulations for the management of the fishing 17 activity; or 18 (b) make a regulation applying to the fishing activity a 19 regulation made otherwise than under this section; or 20 (c) amend a regulation made otherwise than under this 21 section so that it is expressed to apply to the fishing 22 activity, whether or not it also applies to another fishing 23 activity. 24 (2) The power conferred on the Governor to make regulations 25 otherwise than under subsection (1) does not extend to the 26 making of a regulation of a kind referred to in subsection (1)(a) 27 or (b) or the amendment of a regulation in the manner referred 28 to in subsection (1)(c). 29 (3) For the purpose of giving effect to a decision of a Joint 30 Authority that manages a WA regulated fishing activity, the 31 Minister may -- 32 (a) make an order that applies to the fishing activity; or page 184 Aquatic Resources Management Bill 2015 Arrangements with other jurisdictions Part 15 Arrangements for management of particular fishing Division 3 activities s. 252 1 (b) by order published in the Gazette apply to the fishing 2 activity an order under this Act made otherwise than 3 under this section; or 4 (c) by order published in the Gazette amend an order under 5 this Act made otherwise than under this section so that it 6 is expressed to apply to the fishing activity, whether or 7 not it also applies to another fishing activity. 8 (4) The power conferred on the Minister to make orders otherwise 9 than under subsection (3) does not extend to the making of an 10 order of a kind referred to in subsection (3)(a) or (b) or the 11 amendment of an order in the manner referred to in 12 subsection (3)(c). 13 (5) For the purpose of giving effect to a decision of a Joint 14 Authority that manages a WA regulated fishing activity, the 15 Minister may, by notice published in the Gazette -- 16 (a) approve an ARUP to regulate the fishing activity; or 17 (b) apply to the fishing activity a management plan or an 18 ARUP under this Act made or approved otherwise than 19 under this section; or 20 (c) amend a management plan or ARUP under this 21 Act made or approved otherwise than under this 22 section so that it is expressed to apply to the fishing 23 activity, whether or not it also applies to another fishing 24 activity. 25 (6) The power conferred on the Minister to make or approve 26 instruments otherwise than under subsection (5) does not extend 27 to the making or approval of an instrument of a kind referred to 28 in subsection (5)(a) or (b) or the amendment of a management 29 plan or an ARUP in the manner referred to in subsection (5)(c). 30 (7) A regulation, order or instrument affecting a Joint Authority 31 fishing activity that is expressed to be made under this section 32 must be conclusively presumed to be made for the purpose of 33 giving effect to a decision of the Joint Authority. page 185 Aquatic Resources Management Bill 2015 Part 16 Miscellaneous s. 253 1 Part 16 -- Miscellaneous 2 253. Protection from liability 3 (1) An action in tort does not lie against a person for anything that 4 the person has done, in good faith, in the performance or 5 purported performance of a function under this Act. 6 (2) The protection given by this section applies even though the 7 thing done as described in subsection (1) may have been 8 capable of being done whether or not this Act had been enacted. 9 (3) Despite subsection (1), the State is not relieved of any liability 10 that it might have for another person having done anything as 11 described in that subsection. 12 (4) In this section, a reference to the doing of anything includes a 13 reference to an omission to do anything. 14 254. Administrative guidelines 15 (1) This section relates to guidelines for any of the following 16 purposes -- 17 (a) providing practical guidance to persons who have duties 18 or obligations under this Act or any other Act 19 administered by the Minister; 20 (b) providing information to industry and the public. 21 (2) The Minister may issue, amend or revoke guidelines. 22 (3) The Minister must ensure that guidelines are published in the 23 prescribed way. 24 255. Guidelines about foreign interests 25 (1) This section relates to guidelines about foreign persons holding, 26 controlling or having an interest in resource shares, catch 27 entitlement or authorisations. page 186 Aquatic Resources Management Bill 2015 Miscellaneous Part 16 s. 256 1 (2) The Minister may issue, amend or revoke guidelines. 2 (3) The Minister must ensure that guidelines are published in the 3 prescribed way. 4 256. Consultation in relation to guidelines 5 Before issuing, amending or revoking a guideline referred to in 6 section 254 or 255 the Minister must consult with any industry 7 body the Minister thinks appropriate and may consult with any 8 other person the Minister thinks appropriate. 9 257. Guidelines to be taken into account 10 (1) In performing a function under this Act or another Act 11 administered by the Minister, a person must take into account 12 any guidelines referred to in section 254 or 255 that are relevant 13 to the performance of the function. 14 (2) Nothing in subsection (1) -- 15 (a) derogates from the duty of a person to exercise a 16 discretion in a particular case; or 17 (b) precludes a person from taking into account matters not 18 set out in guidelines; or 19 (c) requires a person to take into account a guideline if the 20 guideline is inconsistent with a provision of the Act 21 under which the function is conferred. 22 258. Inquiry into holder of resource shares or authorisation 23 (1) In this section -- 24 appointed person means a person appointed by the CEO under 25 subsection (2) to conduct an inquiry. 26 (2) The CEO may appoint a person or persons to conduct an inquiry 27 to determine who controls or has an interest in a resource share 28 or an authorisation and to report to the CEO the findings of the 29 inquiry. page 187 Aquatic Resources Management Bill 2015 Part 16 Miscellaneous s. 258 1 (3) For the purposes of subsection (2), an appointed person may -- 2 (a) direct a person -- 3 (i) to give to the appointed person such information 4 as the appointed person requires; or 5 (ii) to answer a question put to the person; 6 (b) direct a person to produce to the appointed person a 7 relevant record in the person's custody or under the 8 person's control; 9 (c) examine and make a copy of any record produced in 10 response to a direction given under paragraph (b) that is 11 relevant to the inquiry. 12 (4) A direction given under subsection (3)(a) -- 13 (a) may be given orally or in writing; and 14 (b) must specify the time at or within which the information 15 or answer must be given to the appointed person; and 16 (c) may require that the information or answer -- 17 (i) be given orally or in writing; or 18 (ii) if it is directed to be given in writing, be given by 19 means specified in the direction; or 20 (iii) be given on oath or affirmation or by statutory 21 declaration. 22 (5) An appointed person may administer an oath or affirmation or 23 witness a statutory declaration for the purposes of 24 subsection (4)(c)(iii). 25 (6) A direction given under subsection (3)(b) -- 26 (a) must be given in writing to the person required to 27 produce the record; and 28 (b) must specify the time at or within which the record is to 29 be produced to the appointed person; and page 188 Aquatic Resources Management Bill 2015 Miscellaneous Part 16 s. 259 1 (c) may require that the record be produced to the appointed 2 person -- 3 (i) at a place specified in the direction; and 4 (ii) by a means specified in the direction. 5 (7) A person who, without reasonable excuse, fails to comply with 6 a direction given to the person under this section commits an 7 offence. 8 Penalty: a fine of $10 000. 9 (8) For the purposes of subsection (7), it is not a reasonable excuse 10 for a person to refuse or fail to answer any question on the 11 ground that the answer to the question might incriminate the 12 person. 13 (9) If a person claims before answering a question that the answer 14 may tend to incriminate him or her, the answer is not admissible 15 in evidence against the person in any criminal proceedings other 16 than proceedings for an offence against this section. 17 259. Confidentiality of information 18 (1) In this section -- 19 confidential information means information contained in -- 20 (a) an application made under this Act and any information 21 provided in support of an application; or 22 (b) a record that is required to be kept under this Act; or 23 (c) a return that has been submitted or lodged as required 24 under this Act; or 25 (d) a record that has been voluntarily provided to the 26 Department for the purposes of research. 27 (2) A person who misuses confidential information obtained by 28 reason of any function that the person has, or at any time had, in 29 the administration of this Act commits an offence. 30 Penalty: a fine of $10 000. page 189 Aquatic Resources Management Bill 2015 Part 16 Miscellaneous s. 259 1 (3) A person misuses confidential information if the person, directly 2 or indirectly, records, uses or discloses to another person the 3 information other than -- 4 (a) in the course of duty; or 5 (b) under this law or any other written law; or 6 (c) with the written permission of the CEO; or 7 (d) for the purposes of the investigation of any suspected 8 offence or the conduct of proceedings against any 9 person for an offence; or 10 (e) for the purposes of any other legal action arising out of 11 the administration of this Act; or 12 (f) with the consent of the person or persons to whom the 13 information relates; or 14 (g) in prescribed circumstances. 15 (4) This section does not prevent the disclosure of statistical or 16 other aggregated information -- 17 (a) that could not reasonably be expected to lead to the 18 identification of any person to whom it relates; or 19 (b) relating to a fishing activity even though it could 20 reasonably be expected to lead to the identification of a 21 person who is authorised to undertake the activity (a 22 participant) because of the small number of participants. 23 (5) Despite any law to the contrary, a person who has confidential 24 information obtained by reason of any function that the person 25 has, or at any time had, in the administration of this Act is not to 26 be required by subpoena or otherwise to produce or divulge that 27 information to any court or tribunal. 28 (6) This section has effect despite any provision of the Freedom of 29 Information Act 1992. page 190 Aquatic Resources Management Bill 2015 Miscellaneous Part 16 s. 260 1 260. False or misleading information 2 (1) A person who does any of the things set out in subsection (3) in 3 relation to an application made under this Act commits an 4 offence. 5 Penalty: a fine of $25 000. 6 (2) A person who does any of the things set out in subsection (3) in 7 relation to a record or return that is required to be kept, 8 submitted or lodged under this Act commits an offence. 9 Penalty: a fine of $25 000. 10 (3) The things to which subsections (1) and (2) apply are -- 11 (a) making a statement that the person knows -- 12 (i) is false or misleading in a material particular; or 13 (ii) omits anything without which the statement is 14 misleading in a material particular; 15 or 16 (b) providing, or causing to be provided, information that 17 the person knows -- 18 (i) is false or misleading in a material particular; or 19 (ii) omits anything without which the information is 20 misleading in a material particular. 21 261. Minister to be notified of waterway works 22 (1) In this section -- 23 fish way means a structure or device that enables aquatic 24 organisms to pass through, by or over a dam, weir or reservoir; 25 public authority means -- 26 (a) a Minister of the State; or 27 (b) an agency or an organisation as those terms are defined 28 in the Public Sector Management Act 1994; or page 191 Aquatic Resources Management Bill 2015 Part 16 Miscellaneous s. 262 1 (c) a body, corporate or unincorporate, that is established or 2 continued for a public purpose by the State, regardless 3 of the way it is established; or 4 (d) a local government or a regional local government; 5 waterway means a river, creek or other naturally flowing stream 6 of water. 7 (2) If a public authority proposes to construct, alter or modify a 8 dam, weir or reservoir on a waterway, the public authority 9 must -- 10 (a) notify the Minister of the proposal; and 11 (b) if the Minister so requests, include as part of the works 12 for the dam, weir or reservoir, or for its alteration or 13 modification, a suitable fish way. 14 262. Death of individual who holds authorisation 15 (1) This section applies in relation to -- 16 (a) an aquaculture licence; 17 (b) a managed fishery licence; 18 (c) a licence of a type prescribed for the purposes of this 19 section. 20 (2) On the death of an individual who, immediately before death, 21 held an authorisation exclusively or as a tenant in common, the 22 authorisation or the deceased's share in the authorisation (as the 23 case requires) is taken to be held by the deceased's personal 24 representative. 25 (3) On the death of an individual who, immediately before death, 26 held an authorisation as a joint tenant, the authorisation is taken 27 to be held by the surviving joint tenants. 28 263. Regulations 29 (1) The Governor may make regulations prescribing all matters that 30 are required or permitted by this Act to be prescribed or are page 192 Aquatic Resources Management Bill 2015 Miscellaneous Part 16 s. 263 1 necessary or convenient to be prescribed for giving effect to the 2 purposes of this Act. 3 (2) The regulations may make provision in relation to any of the 4 following matters -- 5 (a) the taking of aquatic organisms; 6 (b) the possession, sale, packaging, labelling and transport 7 of aquatic organisms; 8 (c) the import or export of aquatic organisms; 9 (d) the welfare, safety and health of aquatic organisms; 10 (e) the protection, restoration or improvement of stocks of 11 aquatic organisms; 12 (f) the operation of aquatic eco-tourism and fishing tours; 13 (g) the identification and tagging of aquatic organisms; 14 (h) the naming of aquatic organisms; 15 (i) the exchange of information for law enforcement 16 purposes between departments or other agencies of the 17 State and departments or other agencies of the 18 Commonwealth, other States or Territories; 19 (j) fees and charges. 20 (3) The regulations may apply, adopt or incorporate a provision of 21 any code of practice, standard or other document relating to the 22 purposes of this Act -- 23 (a) with or without modifications; or 24 (b) as in force at a particular time or from time to time. 25 (4) The regulations may provide that contravention of a regulation 26 is an offence, and provide, for an offence against the 27 regulations, a penalty not exceeding a fine of $10 000 and a 28 daily penalty not exceeding a fine of $100. page 193 Aquatic Resources Management Bill 2015 Part 16 Miscellaneous s. 264 1 (5) A fee prescribed under subsection (2)(j) may include one or 2 more of the following -- 3 (a) an amount in respect of the extent or value of any 4 authority conferred by an authorisation; 5 (b) an amount in connection with any purpose referred to in 6 section 232(4) or 233(4) that is relevant to an 7 authorisation; 8 (c) if the fee is for the issue of an aquaculture licence, an 9 amount in respect of the area to which the licence 10 relates; 11 (d) an amount in respect of the costs of administering this 12 Act. 13 264. Service of documents 14 (1) In this section -- 15 business address, in relation to the holder of a registrable 16 interest, means the address set out in the register as the business 17 address of the holder of the interest. 18 (2) If the Act requires or permits a document to be served on the 19 holder of a registrable interest, the document may be served 20 by -- 21 (a) posting the document by pre-paid post addressed to the 22 holder at the holder's business address; or 23 (b) delivering or leaving the document addressed to the 24 holder at the holder's business address. 25 (3) Nothing in subsection (2) limits the operation of the 26 Interpretation Act 1984 section 76. 27 265. CEO to make plans and strategies publicly available 28 (1) In this section -- 29 aquatic biosecurity management plan has the meaning given in 30 section 98. page 194 Aquatic Resources Management Bill 2015 Miscellaneous Part 16 s. 266 1 (2) The CEO must make available for public inspection in the 2 prescribed manner a copy of each document listed in the Table 3 that is in force under this Act. 4 Table Document ARMS ARUP Aquatic biosecurity management plan Management plan Order Regulation 5 (3) The regulations may prescribe a fee for obtaining a copy of a 6 document listed in the Table. 7 266. Annual report of Department 8 The annual report of the Department prepared for the purposes 9 of the Financial Management Act 2006 Part 5 is to include a 10 report on the state of fisheries and aquatic resources managed 11 under this Act. page 195 Aquatic Resources Management Bill 2015 Part 17 Repeals s. 267 1 Part 17 -- Repeals 2 267. Fish Resources Management Act 1994 repealed 3 The Fish Resources Management Act 1994 is repealed. 4 268. Pearling Act 1990 repealed 5 The Pearling Act 1990 is repealed. page 196 Aquatic Resources Management Bill 2015 Transitional provisions Part 18 Preliminary Division 1 s. 269 1 Part 18 -- Transitional provisions 2 Division 1 -- Preliminary 3 269. Interpretation Act not affected 4 This Part does not affect the operation of the Interpretation 5 Act 1984 in relation to the repeals effected by sections 267 6 and 268. 7 270. Transitional regulations 8 (1) In this section -- 9 transitional matter -- 10 (a) means a matter that needs to be dealt with for the 11 purpose of effecting the transitions from the provisions 12 of the Fish Resources Management Act 1994 or the 13 Pearling Act 1990 to the provisions of this Act; and 14 (b) includes a saving or application matter. 15 (2) If there is no sufficient provision in this Act for dealing with a 16 transitional matter, regulations under this Act may prescribe all 17 matters that are required or necessary or convenient to be 18 prescribed for dealing with the matter. 19 (3) Regulations made under subsection (2) may provide that 20 specified provisions of a written law -- 21 (a) do not apply to or in relation to any matter; or 22 (b) apply with specified modifications to or in relation to 23 the matter. 24 (4) If regulations made under subsection (2) provide that a specified 25 state of affairs is taken to have existed, or not to have existed, 26 on and from a day that is earlier than the day on which the 27 regulations are published in the Gazette but not earlier than the 28 day this section comes into operation, the regulations have 29 effect according to their terms. page 197 Aquatic Resources Management Bill 2015 Part 18 Transitional provisions Division 2 Transitional provisions for Fish Resources Management Act 1994 s. 271 1 (5) If regulations contain a provision referred to in subsection (4), 2 the provision does not operate so as -- 3 (a) to affect in a manner prejudicial to any person (other 4 than the State), the rights of that person existing before 5 the day of publication of those regulations; or 6 (b) to impose liabilities on any person (other than the State) 7 in respect of anything done or omitted to be done before 8 the day of publication of those regulations. 9 (6) Regulations made under subsection (2) in relation to a matter 10 referred to in subsection (3) must be made within such period as 11 is reasonably and practicably necessary to deal with a 12 transitional matter that arises as a result of the enactment of this 13 Act. 14 Division 2 -- Transitional provisions for Fish Resources 15 Management Act 1994 16 271. Terms used 17 In this Division -- 18 commencement day means the day on which section 267 comes 19 into operation; 20 FRMA authorisation means a lease or authorisation issued 21 under the repealed Act; 22 repealed Act means the Fish Resources Management Act 1994. 23 272. Exemptions 24 An exemption that was in force under section 7 of the repealed 25 Act immediately before commencement day is to be taken to be 26 an exemption granted under section 7 on the conditions 27 applying to the exemption immediately before commencement 28 day. page 198 Aquatic Resources Management Bill 2015 Transitional provisions Part 18 Transitional provisions for Fish Resources Management Division 2 Act 1994 s. 273 1 273. Management plans 2 (1) In this section -- 3 required consultation means consultation with the person or 4 persons specified for that purpose in a management plan. 5 (2) A management plan determined under section 54(1) of the 6 repealed Act that was in effect immediately before 7 commencement day continues to have effect for the purposes of 8 this Act until it is revoked under subsection (4) or section 28(1). 9 (3) For the purposes of subsection (2) -- 10 (a) a declaration in a management plan that a fishery is an 11 interim managed fishery is to be taken to be a 12 declaration that the fishery is a managed fishery; and 13 (b) a management plan referred to in paragraph (a) is 14 amended to delete any provision that provides that the 15 plan only has effect for a specified period. 16 (4) The Minister may, by instrument in writing published in the 17 Gazette, amend or revoke a management plan. 18 (5) The Minister must undertake the required consultation before 19 amending or revoking a management plan. 20 (6) Despite subsection (5), the Minister may amend a management 21 plan without undertaking the required consultation if, in the 22 Minister's opinion, the amendment is -- 23 (a) required urgently; or 24 (b) of a minor nature. 25 (7) If the Minister amends a management plan in the circumstances 26 referred to in subsection (6)(a) the Minister must undertake the 27 required consultation as soon is as practicable after the 28 management plan has been amended. 29 (8) An amended management plan may only include matters that 30 could have been included in the management plan before 31 commencement day. page 199 Aquatic Resources Management Bill 2015 Part 18 Transitional provisions Division 2 Transitional provisions for Fish Resources Management Act 1994 s. 274 1 (9) An instrument under this section is subsidiary legislation for the 2 purposes of the Interpretation Act 1984, and section 42 of that 3 Act applies to and in relation to an instrument as if the 4 instrument were a regulation. 5 274. Authorisations 6 (1) An FRMA authorisation of a type referred to in an item in the 7 Table that was in effect immediately before commencement day 8 is, on and from commencement day, to be taken to be a lease, 9 permit or authorisation of a type referred to in the same item on 10 the conditions applying to the FRMA authorisation immediately 11 before commencement day. 12 Table Item FRMA authorisation Type of lease or authorisation 1. Managed fishery Managed fishery licence licence 2. Interim managed Managed fishery licence fishery permit 3. Aquaculture licence Aquaculture licence 4. Aquaculture lease Aquaculture lease 5. Temporary aquaculture Temporary aquaculture permit permit 6. Authorisation granted Authorisation of a type under the regulations prescribed for the purposes of this item 13 (2) An application that was made under the repealed Act, but not 14 decided before commencement day, for the grant of an FRMA 15 authorisation of a type referred to in an item in the Table to page 200 Aquatic Resources Management Bill 2015 Transitional provisions Part 18 Transitional provisions for Fish Resources Management Division 2 Act 1994 s. 275 1 subsection (1), is to be taken to be an application for the grant of 2 a lease, permit or authorisation of a type referred to in the same 3 item of that Table. 4 (3) An application that was made under the repealed Act, but not 5 decided before commencement day, for the renewal or transfer 6 of an FRMA authorisation of a type referred to in an item in the 7 Table to subsection (1), is to be taken to be an application for 8 the grant or renewal of a lease, permit or authorisation of a type 9 referred to in the same item of that Table. 10 (4) An application that was made under the repealed Act, but not 11 decided before commencement day, for the temporary transfer 12 of the whole or part of an entitlement under an FRMA 13 authorisation of a type referred to in an item in the Table to 14 subsection (1), is to be taken to be an application for the 15 temporary transfer of the whole or part of the entitlement under 16 an authorisation of a type referred to in the same item of that 17 Table. 18 (5) A review under section 149 of the repealed Act that was started, 19 but not finalised, before commencement day must be dealt with 20 as if the repealed Act had not been repealed, and an FRMA 21 authorisation of a type referred to in an item in the Table to 22 subsection (1) that is issued or varied as a result of such a 23 review is to be taken to be a lease, permit or authorisation of a 24 type referred to in the same item of that Table on the conditions 25 applying to the FRMA authorisation on its issue or variation. 26 275. Matters relating to replacement authorisations 27 (1) In this section -- 28 replacement authorisation, in relation to an FRMA 29 authorisation, means the lease, permit or authorisation that the 30 FRMA authorisation is taken to be in accordance with 31 section 274(1). page 201 Aquatic Resources Management Bill 2015 Part 18 Transitional provisions Division 2 Transitional provisions for Fish Resources Management Act 1994 s. 275 1 (2) A conviction recorded in respect of an FRMA authorisation 2 under section 224 of the repealed Act is to be recorded on the 3 register in respect of the replacement authorisation. 4 (3) If, immediately before commencement day, there was a notation 5 on the register that a person has a security interest in an FRMA 6 authorisation the CEO must note on the register that the person 7 has a security interest in the replacement authorisation. 8 (4) An application that was made under the repealed Act, but not 9 decided before commencement day, for the renewal or transfer 10 of, or the temporary transfer of the whole or part of an 11 entitlement under an FRMA authorisation, is to be taken to be 12 an application for the renewal or transfer of, or the temporary 13 transfer of the whole or part of an entitlement under, the 14 replacement authorisation. 15 (5) An application that was made under the repealed Act, but not 16 decided before commencement day, for a notation to be made 17 on the register that a person has a security interest in an FRMA 18 authorisation is to be taken to be an application for a notation to 19 be made on the register that the person has a security interest in 20 the replacement authorisation. 21 (6) An application that was made under section 131(1) of the 22 repealed Act, but not decided before commencement day, for 23 the removal or variation of a notation made on the register that a 24 person has a security interest in an FRMA authorisation is to be 25 taken to be an application for the removal or variation of a 26 notation on the register that the person has a security interest in 27 the replacement authorisation. 28 (7) A conviction after commencement day in respect of an offence 29 committed before commencement day that, in accordance with 30 section 224 of the repealed Act, is to be recorded on the register 31 in respect of an authorisation that was in effect immediately 32 before commencement day is to be recorded on the replacement 33 authorisation under section 209. page 202 Aquatic Resources Management Bill 2015 Transitional provisions Part 18 Transitional provisions for Fish Resources Management Division 2 Act 1994 s. 276 1 276. Transition from former body corporate to AR Ministerial 2 Body 3 (1) In this section -- 4 former body corporate means the body corporate that was 5 constituted by the Minister under section 9 of the repealed Act. 6 (2) On and from commencement day the AR Ministerial Body is to 7 be regarded as being a continuation of, and the same legal entity 8 as, the former body corporate for the purposes of -- 9 (a) matters relating to assets, rights, liabilities, obligations 10 or proceedings of or involving the former body 11 corporate; and 12 (b) other transitional matters. 13 277. Arrangements with Commonwealth or other State or 14 Territory 15 An arrangement made under Part 3 of the repealed Act that is in 16 force immediately before commencement day is to be taken to 17 be an arrangement for the purposes of the definition of 18 arrangement in section 236. 19 278. Continuation of accounts 20 (1) The Aquatic Resources Research and Development Account 21 referred to in section 232 is a continuation of the Fisheries 22 Research and Development Account established under the Fish 23 Resources Management Act 1994. 24 (2) The Recreational Fishing Account referred to in section 233 is a 25 continuation of the Recreational Fishing Account established 26 under the Fish Resources Management Act 1994. 27 (3) The Fishing Industry Promotion Training and Management 28 Levy Account referred to in section 234 is a continuation of the 29 Fishing Industry Promotion Training and Management Levy 30 Account established under the Fish Resources Management 31 Act 1994. page 203 Aquatic Resources Management Bill 2015 Part 18 Transitional provisions Division 2 Transitional provisions for Fish Resources Management Act 1994 s. 279 1 (4) On and from commencement day, any reference in an 2 agreement or other document to an account established under 3 the repealed Act and referred to in an item in the Table is, 4 unless the context otherwise requires, to be read and have effect 5 as if it were a reference to an account referred to in the same 6 item. 7 Table Item Account established Account continued under under repealed Act this Act 1. Fisheries Research Aquatic Resources and Development Research and Account Development Account 2. Recreational Fishing Recreational Fishing Account Account 3. Fishing Industry Fishing Industry Promotion Training Promotion Training and and Management Management Levy Levy Account Account 8 279. Register 9 All the information that was, immediately before 10 commencement day, included on the register kept under 11 section 125 of the repealed Act is to be transferred to and 12 included on the register kept under section 150. 13 280. Fish habitat protection areas 14 (1) If, immediately before commencement day, an area was set 15 aside under section 115 of the repealed Act as a fish habitat 16 protection area then on and from commencement day -- 17 (a) the area is to be taken to be an aquatic habitat protection 18 area; and page 204 Aquatic Resources Management Bill 2015 Transitional provisions Part 18 Transitional provisions for Fish Resources Management Division 2 Act 1994 s. 281 1 (b) the area is to be taken to have been set aside as an 2 aquatic habitat protection area for the purpose or 3 purposes for which it was set aside as a fish habitat 4 protection area; and 5 (c) a plan approved for the management of the area under 6 section 117 of the repealed Act is to be taken to be a 7 plan for the management of the area approved under 8 section 119. 9 (2) If, immediately before commencement day, the control and 10 management of a fish habitat protection area that is to be taken 11 to be an aquatic habitat protection area under subsection (1) was 12 vested under section 119 of the repealed Act in a body 13 corporate, the control and management of the aquatic habitat 14 protection area is to be taken to have been vested under 15 section 121 in the body corporate on the conditions applying to 16 the vesting of the control and management of the fish habitat 17 protection area. 18 281. Seized and forfeited things 19 (1) A thing seized under the repealed Act before commencement 20 day is to be taken to have been seized under this Act. 21 (2) If, under section 217 of the repealed Act, the CEO authorised 22 the return of a thing seized under the repealed Act the CEO is to 23 be taken to have authorised the return of the thing under 24 section 202 subject to the conditions that applied to the return of 25 the thing under the repealed Act. 26 (3) A thing forfeited under the repealed Act before commencement 27 day is to be taken to have been forfeited under this Act and may 28 be disposed of as provided for in this Act. 29 282. Prohibitions on offenders 30 An order made by a court under section 225 of the repealed Act 31 prohibiting an offender from doing something is to be taken to 32 be an order made by the court under section 211 with page 205 Aquatic Resources Management Bill 2015 Part 18 Transitional provisions Division 3 Transitional provisions for Pearling Act 1990 s. 283 1 modifications as necessary to describe the prohibition in terms 2 that are consistent with section 211. 3 Division 3 -- Transitional provisions for Pearling Act 1990 4 283. Terms used 5 In this Division -- 6 commencement day means the day on which section 268 comes 7 into operation; 8 repealed Act means the Pearling Act 1990. 9 284. Arrangements with Commonwealth or other State or 10 Territory 11 An arrangement made under Part 7 of the repealed Act that is in 12 force immediately before commencement day is to be taken to 13 be an arrangement for the purposes of the definition of 14 arrangement in section 236. 15 285. Licences, leases and permits 16 (1) In this section -- 17 Pearling Act authorisation means a lease, licence or permit 18 issued under the repealed Act. 19 (2) A Pearling Act authorisation of a type referred to in an item in 20 the Table that was in effect immediately before commencement 21 day is, on and from commencement day, to be taken to be a 22 lease or authorisation of a type referred to in the same item on 23 the conditions applying to the Pearling Act authorisation 24 immediately before commencement day. 25 Table Item Pearling Act Type of lease or authorisation authorisation 1. Pearl oyster farm lease Aquaculture lease page 206 Aquatic Resources Management Bill 2015 Transitional provisions Part 18 Transitional provisions for Pearling Act 1990 Division 3 s. 285 Item Pearling Act Type of lease or authorisation authorisation 2. Pearling licence Aquaculture licence 3. Pearl oyster hatchery Aquaculture licence licence 4. Pearl diver's licence Authorisation of a type prescribed for the purposes of this item 5. Pearl boat licence Authorisation of a type prescribed for the purposes of this item 6. Pearl boat master's Authorisation of a type licence prescribed for the purposes of this item 7. Pearling permit Authorisation of a type prescribed for the purposes of this item 8. Pearl oyster hatchery Aquaculture licence permit 1 (3) An application that was made under the repealed Act, but not 2 decided before commencement day, for the grant of a Pearling 3 Act authorisation referred to in an item in the Table to 4 subsection (2), is to be taken to be an application for the grant of 5 a lease or authorisation of a type referred to in the same item of 6 that Table. 7 (4) A review under section 33 of the repealed Act that was started, 8 but not finalised, before commencement day must be dealt with 9 as if the repealed Act had not been repealed, and a Pearling Act 10 authorisation of a type referred to in an item in the Table to page 207 Aquatic Resources Management Bill 2015 Part 18 Transitional provisions Division 3 Transitional provisions for Pearling Act 1990 s. 286 1 subsection (2) that is issued or varied as a result of such a 2 review is to be taken to be a lease or authorisation of a type 3 referred to in the same item of that Table on the conditions 4 applying to the Pearling Act authorisation on its issue or 5 variation. 6 286. MEMP requirements for transitioned authorisations 7 (1) In this section -- 8 MEMP means a management and environmental monitoring 9 plan as defined in section 67; 10 transitioned aquaculture licence means an aquaculture licence 11 referred to in section 285(2). 12 (2) Despite section 75(2)(d), an application for the renewal of a 13 transitioned aquaculture licence that is made in the period of 14 2 years after commencement day does not have to be 15 accompanied by a MEMP for the licence. 16 (3) Unless the licence holder is exempt under subsection (4), a 17 transitioned aquaculture licence is subject to the condition that 18 the licence holder must, within 2 years after commencement 19 day, prepare a MEMP for the licence and lodge it with the CEO. 20 (4) The CEO may exempt a licence holder from the requirements of 21 subsection (3) if the licence relates to the aquaculture of 22 prescribed aquatic organisms on private land. 23 287. Recording of previous convictions on authorisation 24 For the purposes of section 209, an offence against section 8 of 25 the repealed Act is to be taken to be a prescribed offence against 26 this Act if the conviction for the offence occurred in the period 27 of 10 years before commencement day. 28 288. Seized and forfeited things 29 (1) A thing seized under the repealed Act before commencement 30 day is to be taken to have been seized under this Act. page 208 Aquatic Resources Management Bill 2015 Transitional provisions Part 18 Transitional provisions for Pearling Act 1990 Division 3 s. 288 1 (2) A thing forfeited under the repealed Act before commencement 2 day is to be taken to have been forfeited under this Act and may 3 be disposed of as provided for in this Act. page 209 Aquatic Resources Management Bill 2015 Part 19 Consequential amendments to other Acts Division 1 Biosecurity and Agriculture Management Act 2007 amended s. 289 1 Part 19 -- Consequential amendments to other Acts 2 Division 1 -- Biosecurity and Agriculture Management 3 Act 2007 amended 4 289. Act amended 5 This Division amends the Biosecurity and Agriculture 6 Management Act 2007. 7 290. Section 3 amended 8 In section 3(1)(a)(iv) delete "pearling" and insert: 9 10 aquaculture 11 12 291. Section 4 amended 13 After section 4(2)(b) insert: 14 15 (ca) the Aquatic Resources Management Act 2015; 16 17 292. Section 6 amended 18 (1) In section 6 delete the definitions of: 19 fish 20 fisheries officer 21 Minister for Fisheries 22 pearl oyster 23 (2) In section 6 insert in alphabetical order: 24 25 aquatic compliance officer means a compliance officer 26 designated under the Aquatic Resources Management 27 Act 2015 section 159(1); page 210 Aquatic Resources Management Bill 2015 Consequential amendments to other Acts Part 19 Biosecurity and Agriculture Management Act 2007 Division 1 amended s. 292 1 aquatic organism has the meaning given to that term in 2 the Aquatic Resources Management Act 2015 3 section 3(1); 4 aquaculture has the meaning given to that term in the 5 Aquatic Resources Management Act 2015 section 3(1); 6 Minister for Aquatic Resources means the Minister 7 administering the Aquatic Resources Management 8 Act 2015; 9 10 (3) In section 6 in the definition of biosecurity paragraph (d) delete 11 "pearling" and insert: 12 13 aquaculture 14 15 (4) In section 6 in the definition of identification card 16 paragraph (b) delete "a fisheries officer, an inspector as that 17 term is defined in the Pearling Act 1990," and insert: 18 19 an aquatic compliance officer, 20 21 (5) In section 6 in the definition of inspector: 22 (a) delete paragraph (b) and insert: 23 24 (b) in relation to aquatic organisms -- an inspector 25 appointed under section 162 or an aquatic 26 compliance officer; and 27 28 (b) in paragraph (c) delete "fish --" and insert: 29 30 an aquatic organism -- 31 page 211 Aquatic Resources Management Bill 2015 Part 19 Consequential amendments to other Acts Division 1 Biosecurity and Agriculture Management Act 2007 amended s. 293 1 (6) In section 6 in the definition of land delete paragraph (e) and 2 insert: 3 4 (e) in respect of aquatic organisms managed by the 5 State under an arrangement with the 6 Commonwealth under the Aquatic Resources 7 Management Act 2015, the waters of the 8 Australian fishing zone as defined by the 9 Fisheries Management Act 1991 10 (Commonwealth); 11 12 293. Section 9 amended 13 In section 9(2) in the definition of basic animal feed delete 14 "fish" and insert: 15 16 aquatic organisms 17 18 294. Section 12 amended 19 In section 12(1)(a)(iv) delete "pearling" and insert: 20 21 aquaculture 22 23 295. Section 22 amended 24 In section 22(2)(a)(iv) delete "pearling" and insert: 25 26 aquaculture 27 page 212 Aquatic Resources Management Bill 2015 Consequential amendments to other Acts Part 19 Conservation and Land Management Act 1984 amended Division 2 s. 296 1 296. Section 45 amended 2 In section 45(5): 3 (a) in paragraph (a) delete "fish," and insert: 4 5 an aquatic organism, 6 7 (b) in paragraph (a) delete "Fisheries Minister; or" and 8 insert: 9 10 Minister for Aquatic Resources; or 11 12 (c) in paragraph (b) delete "a fish," and insert: 13 14 an aquatic organism, 15 16 297. Section 184 amended 17 In section 184 in the definition of information sharing agency 18 paragraph (e) delete "Fish Resources Management Act 1994;" 19 and insert: 20 21 Aquatic Resources Management Act 2015; 22 23 Division 2 -- Conservation and Land Management 24 Act 1984 amended 25 298. Act amended 26 This Division amends the Conservation and Land Management 27 Act 1984. page 213 Aquatic Resources Management Bill 2015 Part 19 Consequential amendments to other Acts Division 2 Conservation and Land Management Act 1984 amended s. 299 1 299. Section 3 amended 2 (1) In section 3 delete the definitions of: 3 aquaculture 4 commercial fishing 5 Fisheries Department 6 Minister for Fisheries 7 pearling activity 8 recreational fishing 9 (2) In section 3 insert in alphabetical order: 10 11 aquaculture has the meaning given in the Aquatic 12 Resources Management Act 2015 section 3(1); 13 aquatic authorisation means an authorisation as 14 defined in the Aquatic Resources Management 15 Act 2015 section 3(1); 16 Aquatic Resources Department means the Department 17 as defined in the Aquatic Resources Management 18 Act 2015 section 3(1); 19 commercial fishing has the meaning given in the 20 Aquatic Resources Management Act 2015 section 3(1); 21 Minister for Aquatic Resources means the Minister to 22 whom the administration of the Aquatic Resources 23 Management Act 2015 is committed; 24 recreational fishing has the meaning given in the 25 Aquatic Resources Management Act 2015 section 3(1); 26 27 (3) In section 3 in the definition of forest products delete "same 28 meaning as it has" and insert: 29 30 meaning given 31 page 214 Aquatic Resources Management Bill 2015 Consequential amendments to other Acts Part 19 Conservation and Land Management Act 1984 amended Division 2 s. 300 1 300. Section 8A amended 2 (1) In section 8A(9) delete "Fisheries," and insert: 3 4 Aquatic Resources, 5 6 (2) In section 8A(12) delete "Fisheries" (each occurrence) and 7 insert: 8 9 Aquatic Resources 10 11 301. Section 13A amended 12 Delete section 13A(2) and insert: 13 14 (2) Subject to section 13D, aquaculture, commercial 15 fishing and recreational fishing shall not be carried out 16 in a marine nature reserve. 17 18 302. Section 13B amended 19 (1) In section 13B(3): 20 (a) delete "Fish Resources Management Act 1994," and 21 insert: 22 23 Aquatic Resources Management Act 2015, 24 25 (b) delete "Fish Resources Management Act 1994" and 26 insert: 27 28 Aquatic Resources Management Act 2015 29 30 (2) Delete section 13B(4). page 215 Aquatic Resources Management Bill 2015 Part 19 Consequential amendments to other Acts Division 2 Conservation and Land Management Act 1984 amended s. 303 1 (3) In section 13B(5) delete "authorisation issued under the Fish 2 Resources Management Act 1994," and insert: 3 4 aquatic authorisation, 5 6 (4) In section 13B(6) delete "authorisation issued under the Fish 7 Resources Management Act 1994," and insert: 8 9 aquatic authorisation, 10 11 (5) In section 13B(7) delete "Fish Resources Management 12 Act 1994," and insert: 13 14 Aquatic Resources Management Act 2015, 15 16 (6) Delete section 13B(8). 17 303. Section 13C amended 18 (1) In section 13C(2) in the definition of commercial purposes 19 delete paragraph (a) and insert: 20 21 (a) aquaculture and commercial fishing; and 22 23 (2) In section 13C(3) delete "Fish Resources Management 24 Act 1994," and insert: 25 26 Aquatic Resources Management Act 2015, 27 page 216 Aquatic Resources Management Bill 2015 Consequential amendments to other Acts Part 19 Conservation and Land Management Act 1984 amended Division 2 s. 304 1 (3) In section 13C(4) delete "Fish Resources Management 2 Act 1994" and insert: 3 4 Aquatic Resources Management Act 2015 5 6 (4) Delete section 13C(5) and (6). 7 304. Section 13D replaced 8 Delete section 13D and insert: 9 10 13D. Effect of s. 13A, 13B and 13C on certain 11 authorisations for fishing or aquaculture 12 (1) Sections 13A and 13B do not affect the validity of an 13 aquatic authorisation which authorises activity in 14 relation to an area affected, after the issue or renewal of 15 the authorisation, by a reservation under section 13 or 16 by a notice under section 62. 17 (2) Sections 13A and 13B do not prohibit activities 18 authorised by an aquatic authorisation to which 19 subsection (1) applies. 20 (3) Sections 13A and 13B do not affect the validity of an 21 aquaculture lease under the Aquatic Resources 22 Management Act 2015 granted or renewed in relation 23 to an area which is affected, after the grant or renewal, 24 by a reservation under section 13 or by a notice under 25 section 62. 26 (4) Sections 13A and 13B do not prevent the renewal of an 27 aquaculture licence under the Aquatic Resources 28 Management Act 2015 if the licence -- 29 (a) is held by the holder of an aquaculture lease 30 referred to in subsection (3); and page 217 Aquatic Resources Management Bill 2015 Part 19 Consequential amendments to other Acts Division 2 Conservation and Land Management Act 1984 amended s. 305 1 (b) authorises aquaculture activity in the area under 2 the lease. 3 (5) Sections 13A, 13B and 13C do not affect an aquatic 4 management plan if the plan was made in relation to an 5 area affected, after the making of the plan, by a 6 reservation under section 13 or by a notice under 7 section 62, except as they affect an authorisation issued 8 in relation to the area under the plan. 9 (6) In subsection (5) -- 10 aquatic management plan means -- 11 (a) an aquatic resource use plan made under the 12 Aquatic Resources Management Act 2015 13 section 24(1); or 14 (b) a management plan continued under 15 section 273 of that Act. 16 17 305. Section 14 amended 18 (1) In section 14(1a)(b) delete "Fisheries" and insert: 19 20 Aquatic Resources 21 22 (2) In section 14(6)(b) delete "Fisheries" and insert: 23 24 Aquatic Resources 25 26 306. Section 17 amended 27 In section 17(6) delete "Fisheries" and insert: 28 29 Aquatic Resources 30 page 218 Aquatic Resources Management Bill 2015 Consequential amendments to other Acts Part 19 Conservation and Land Management Act 1984 amended Division 2 s. 307 1 307. Section 26H amended 2 In section 26H(1)(b) delete "Fisheries" and insert: 3 4 Aquatic Resources 5 6 308. Section 49 amended 7 Delete section 49(c) and (d) and insert: 8 9 (c) the CEO as defined in the Aquatic Resources 10 Management Act 2015 section 3(1); and 11 (d) a compliance officer as defined in the Aquatic 12 Resources Management Act 2015 section 3(1). 13 14 309. Section 59 amended 15 (1) In section 59(3)(b) delete "Fisheries; and" and insert: 16 17 Aquatic Resources; and 18 19 (2) In section 59(5) delete "Fisheries" and insert: 20 21 Aquatic Resources 22 23 310. Section 60 amended 24 In section 60(2a): 25 (a) delete "Fisheries" and insert: 26 27 Aquatic Resources 28 page 219 Aquatic Resources Management Bill 2015 Part 19 Consequential amendments to other Acts Division 2 Conservation and Land Management Act 1984 amended s. 311 1 (b) in paragraph (a) delete "aquaculture," and insert: 2 3 aquaculture or 4 5 (c) in paragraph (a) delete "or pearling activity"; 6 (d) in paragraph (b) delete "Fish Resources Management 7 Act 1994 or the Pearling Act 1990." and insert: 8 9 Aquatic Resources Management Act 2015. 10 11 311. Section 62 amended 12 In section 62(3)(c) delete "Fisheries" and insert: 13 14 Aquatic Resources 15 16 312. Section 101B amended 17 (1) In section 101B(2a) delete "fish and pearl oyster)" and insert: 18 19 aquatic resources as defined in the Aquatic Resources 20 Management Act 2015 section 3(1)) 21 22 (2) Delete section 101B(3) and insert: 23 24 (3) In the event of any conflict or inconsistency between a 25 provision of the Aquatic Resources Management 26 Act 2015 and a provision of a conservation regulatory 27 instrument, the latter shall prevail. page 220 Aquatic Resources Management Bill 2015 Consequential amendments to other Acts Part 19 Criminal Investigation (Covert Powers) Act 2012 Division 3 amended s. 313 1 (4) In subsection (3) -- 2 conservation regulatory instrument means -- 3 (a) regulations made under section 130 in respect 4 of a marine nature reserve; or 5 (b) a notice issued, or regulations made, under the 6 Wildlife Conservation Act 1950 in respect of a 7 marine nature reserve. 8 9 313. Section 130 amended 10 Delete section 130(2a) and insert: 11 12 (2A) The Governor must not make regulations under 13 subsection (1) that impose any restriction on the taking, 14 in a marine park or marine management area, of an 15 aquatic resource as defined in the Aquatic Resources 16 Management Act 2015 section 3(1) in accordance with 17 the provisions of that Act relating to aquaculture or 18 commercial or recreational fishing. 19 20 Division 3 -- Criminal Investigation (Covert Powers) 21 Act 2012 amended 22 314. Act amended 23 This Division amends the Criminal Investigation (Covert 24 Powers) Act 2012. 25 315. Section 3 amended 26 (1) In section 3 delete the definitions of: 27 fisheries department 28 fisheries officer page 221 Aquatic Resources Management Bill 2015 Part 19 Consequential amendments to other Acts Division 3 Criminal Investigation (Covert Powers) Act 2012 amended s. 315 1 (2) In section 3 insert in alphabetical order: 2 3 aquatic resources department means the department 4 principally assisting in the administration of the 5 Aquatic Resources Management Act 2015; 6 compliance officer has the meaning given in the 7 Aquatic Resources Management Act 2015 section 3(1); 8 9 (3) In section 3 in the definition of authorising officer 10 paragraph (a) delete "fisheries" and insert: 11 12 aquatic resources 13 14 (4) In section 3 in the definition of chief officer paragraph (c) 15 delete "fisheries" and insert: 16 17 aquatic resources 18 19 (5) In section 3 in the definition of law enforcement agency delete 20 paragraph (c) and insert: 21 22 (c) the aquatic resources department; 23 24 (6) In section 3 in the definition of law enforcement officer delete 25 paragraph (d) and insert: 26 27 (d) a compliance officer holding a prescribed office 28 in the aquatic resources department; 29 page 222 Aquatic Resources Management Bill 2015 Consequential amendments to other Acts Part 19 Criminal Investigation (Covert Powers) Act 2012 Division 3 amended s. 316 1 (7) In section 3 in the definition of Minister delete paragraph (c) 2 and insert: 3 4 (c) in relation to the aquatic resources department, 5 means the Minister administering the Aquatic 6 Resources Management Act 2015; 7 8 (8) In section 3 in the definition of this jurisdiction paragraph (b): 9 (a) delete "fisheries" and insert: 10 11 aquatic resources 12 13 (b) delete "Fish Resources Management Act 1994 14 section 5(b) to (d)." and insert: 15 16 Aquatic Resources Management Act 2015 17 section 5(1)(b) and (c). 18 19 316. Section 5 amended 20 In section 5 in the definition of relevant offence: 21 (a) before paragraph (b)(i) insert: 22 23 (ia) the Aquatic Resources Management 24 Act 2015; 25 26 (b) delete paragraph (b)(iv). 27 317. Section 43 amended 28 In section 43(1) in the definition of senior officer paragraph (c): 29 (a) delete "fisheries" (1st occurrence) and insert: 30 31 aquatic resources 32 page 223 Aquatic Resources Management Bill 2015 Part 19 Consequential amendments to other Acts Division 3 Criminal Investigation (Covert Powers) Act 2012 amended s. 318 1 (b) delete "fisheries" (2nd occurrence) and insert: 2 3 compliance 4 5 318. Section 48 amended 6 In section 48(4)(c) delete "fisheries" and insert: 7 8 aquatic resources 9 10 319. Section 79 amended 11 In section 79(1) in the definition of senior officer paragraph (c): 12 (a) delete "fisheries" (1st occurrence) and insert: 13 14 aquatic resources 15 16 (b) delete "fisheries" (2nd occurrence) and insert: 17 18 compliance 19 20 320. Section 83 amended 21 In section 83(1)(b)(iii) delete "fisheries" and insert: 22 23 compliance 24 page 224 Aquatic Resources Management Bill 2015 Consequential amendments to other Acts Part 19 Fisheries Adjustment Schemes Act 1987 amended Division 4 s. 321 1 321. Section 105 amended 2 In section 105(1) in the definition of senior officer 3 paragraph (c): 4 (a) delete "fisheries" (1st occurrence) and insert: 5 6 aquatic resources 7 8 (b) delete "fisheries" (2nd occurrence) and insert: 9 10 compliance 11 12 Division 4 -- Fisheries Adjustment Schemes Act 1987 amended 13 322. Act amended 14 This Division amends the Fisheries Adjustment Schemes 15 Act 1987. 16 323. Long title amended 17 In the long title delete "Fish Resources Management Act 1994" 18 and insert: 19 20 Aquatic Resources Management Act 2015 21 22 324. Section 3 amended 23 (1) In section 3(1) delete the definitions of: 24 Fisheries Research and Development Account 25 Recreational Fishing Account page 225 Aquatic Resources Management Bill 2015 Part 19 Consequential amendments to other Acts Division 4 Fisheries Adjustment Schemes Act 1987 amended s. 325 1 (2) In section 3(1) insert in alphabetical order: 2 3 Aquatic Resources Research and Development 4 Account means the Aquatic Resources Research and 5 Development Account referred to in the Aquatic 6 Resources Management Act 2015 section 232; 7 Recreational Fishing Account means the Recreational 8 Fishing Account referred to in the Aquatic Resources 9 Management Act 2015 section 233; 10 11 (3) In section 3(2) delete "Fish Resources Management Act 1994." 12 and insert: 13 14 Aquatic Resources Management Act 2015. 15 16 325. Section 3A amended 17 In section 3A(1) delete "Fish Resources Management 18 Act 1994." and insert: 19 20 Aquatic Resources Management Act 2015. 21 22 Note: The heading to amended section 3A is to read: 23 Application of Act to Aquatic Resources Management Act 2015 24 326. Section 5 amended 25 In section 5(2)(ba) delete "Fisheries" and insert: 26 27 Aquatic Resources 28 page 226 Aquatic Resources Management Bill 2015 Consequential amendments to other Acts Part 19 Fishing and Related Industries Compensation (Marine Division 5 Reserves) Act 1997 amended s. 327 1 327. Section 9 amended 2 In section 9: 3 (a) in paragraph (aa) delete "Fisheries" and insert: 4 5 Aquatic Resources 6 7 (b) in paragraph (c) delete "Fisheries" and insert: 8 9 Aquatic Resources 10 11 328. Section 14C amended 12 In section 14C(a) delete "Fish Resources Management 13 Act 1994; and" and insert: 14 15 Aquatic Resources Management Act 2015; and 16 17 Division 5 -- Fishing and Related Industries Compensation 18 (Marine Reserves) Act 1997 amended 19 329. Act amended 20 This Division amends the Fishing and Related Industries 21 Compensation (Marine Reserves) Act 1997. 22 330. Long title amended 23 In the long title: 24 (a) delete "permits under the Fish Resources 25 Management Act 1994 and Pearling Act 1990" and 26 insert: 27 28 resource shares under the Aquatic Resources 29 Management Act 2015 30 page 227 Aquatic Resources Management Bill 2015 Part 19 Consequential amendments to other Acts Division 5 Fishing and Related Industries Compensation (Marine Reserves) Act 1997 amended s. 331 1 (b) delete the passage that begins with "matters," and ends 2 with "Act 1987." and insert: 3 4 matters. 5 6 331. Section 3 amended 7 (1) In section 3(1) in the definition of authorisation: 8 (a) delete paragraph (e) and insert: 9 10 (e) a licence granted under the Aquatic Resources 11 Management Act 2015 in relation to the 12 processing of aquatic organisms; or 13 14 (b) delete paragraphs (g) to (l). 15 (2) In section 3(1) in the definition of commercial activity delete 16 paragraphs (c) and (d). 17 (3) In section 3(1) in the definition of Minister delete "Fish 18 Resources Management Act 1994;" and insert: 19 20 Aquatic Resources Management Act 2015; 21 22 (4) In section 3(2) delete "Fish Resources Management Act 1994 or 23 the Pearling Act 1990" and insert: 24 25 Aquatic Resources Management Act 2015 26 27 (5) In section 3(1) in the definition of authorisation after each of 28 paragraphs (a) to (d) insert: 29 30 or 31 page 228 Aquatic Resources Management Bill 2015 Consequential amendments to other Acts Part 19 Fishing and Related Industries Compensation (Marine Division 5 Reserves) Act 1997 amended s. 332 1 332. Section 4 amended 2 Delete section 4(a). 3 333. Section 5 amended 4 (1) In section 5(2): 5 (a) delete paragraph (d) and insert: 6 7 (d) the authorisation relates to an area and will not 8 be able to be renewed in relation to that area 9 without the recommendation of the CALM 10 Minister being taken into account under the 11 Aquatic Resources Management Act 2015 12 section 85(4)(b) or 93(3)(b); 13 14 (b) in paragraph (f) delete "or a fish processor's licence," 15 and insert: 16 17 or a licence granted under the Aquatic Resources 18 Management Act 2015 in relation to the processing of 19 aquatic organisms, 20 21 (c) in paragraph (f) delete "licences, managed fishery 22 licences or interim managed fishery permits" and insert: 23 24 licences or managed fishery licences 25 page 229 Aquatic Resources Management Bill 2015 Part 19 Consequential amendments to other Acts Division 5 Fishing and Related Industries Compensation (Marine Reserves) Act 1997 amended s. 334 1 (2) In section 5(4) delete "section 140(2)(b) of the Fish Resources 2 Management Act 1994," and insert: 3 4 the Aquatic Resources Management Act 2015 section 60(1)(d) 5 or 84(1)(b), 6 7 Note: The heading to amended section 5 is to read: 8 Compensation for loss suffered in respect of authorisations 9 334. Section 6A inserted 10 After section 5 insert: 11 12 6A. Compensation for loss suffered in respect of 13 resource shares 14 (1) A person who holds a resource share in a managed 15 aquatic resource is entitled to fair compensation for any 16 loss suffered by the person as a result of a relevant 17 event. 18 (2) For the purposes of subsection (1) a person suffers loss 19 if, and only if, the market value of the resource share 20 held by the person is reduced because -- 21 (a) an aquatic resource use plan under which the 22 resource share was allocated is amended so that 23 it no longer applies to an area; and 24 (b) as a result of the amendment the amount of 25 allocated catch for the resource share for a 26 fishing period after the amendment is made will 27 be less than it would have been if the 28 amendment had not been made. 29 page 230 Aquatic Resources Management Bill 2015 Consequential amendments to other Acts Part 19 Fishing Industry Promotion Training and Management Division 6 Levy Act 1994 amended s. 335 1 335. Section 12 amended 2 Delete section 12(2)(b) and insert: 3 4 (b) credited to the Aquatic Resources Research and 5 Development Account referred to in the 6 Aquatic Resources Management Act 2015 7 section 232. 8 9 336. Section 14 deleted 10 Delete section 14. 11 337. Schedule 1 deleted 12 Delete Schedule 1. 13 Division 6 -- Fishing Industry Promotion Training and 14 Management Levy Act 1994 amended 15 338. Act amended 16 This Division amends the Fishing Industry Promotion Training 17 and Management Levy Act 1994. 18 339. Long title amended 19 In the long title delete "permits under the Fish Resources 20 Management Act 1994." and insert: 21 22 resource shares under the Aquatic Resources Management 23 Act 2015. 24 page 231 Aquatic Resources Management Bill 2015 Part 19 Consequential amendments to other Acts Division 6 Fishing Industry Promotion Training and Management Levy Act 1994 amended s. 340 1 340. Section 3 amended 2 Delete section 3(1) and insert: 3 4 (1) In this Act -- 5 principal Act means the Aquatic Resources 6 Management Act 2015. 7 8 341. Section 4 amended 9 (1) In section 4(1): 10 (a) delete "section 240" and insert: 11 12 section 232 13 14 15 (b) delete paragraphs (c) and (d) and insert: 16 17 (c) licences granted under the principal Act in 18 relation to the processing of aquatic organisms; 19 20 (c) in paragraph (e) delete "licences." and insert: 21 22 licences; 23 24 (d) after paragraph (e) insert: 25 26 (f) resource shares. 27 28 (2) In section 4(2) delete "or permits". page 232 Aquatic Resources Management Bill 2015 Consequential amendments to other Acts Part 19 Offshore Minerals Act 2003 amended Division 7 s. 342 1 342. Section 6 amended 2 In section 6: 3 (a) delete "permit" and insert: 4 5 resource share 6 7 (b) delete "permit." and insert: 8 9 resource share. 10 11 Note: The heading to amended section 6 is to read: 12 Levy payable by holder of licence or resource share 13 Division 7 -- Offshore Minerals Act 2003 amended 14 343. Act amended 15 This Division amends the Offshore Minerals Act 2003. 16 344. Section 38A amended 17 (1) In section 38A(4)(b) delete "fisheries" and insert: 18 19 aquatic resources 20 21 (2) In section 38A(6) delete "fisheries" and insert: 22 23 aquatic resources 24 25 (3) In section 38A(9) delete "a fish" and insert: 26 27 an aquatic 28 page 233 Aquatic Resources Management Bill 2015 Part 19 Consequential amendments to other Acts Division 7 Offshore Minerals Act 2003 amended s. 345 1 (4) In section 38A(10) delete "fisheries" and insert: 2 3 aquatic resources 4 5 (5) In section 38A(11) delete the definitions of: 6 fish habitat protection area 7 fisheries Minister 8 (6) In section 38A(11) insert in alphabetical order: 9 10 aquatic habitat protection area has the meaning given 11 in the Aquatic Resources Management Act 2015 12 section 3(1); 13 aquatic resources Minister means the Minister for the 14 time being administering the Aquatic Resources 15 Management Act 2015; 16 17 Note: The heading to amended section 38A is to read: 18 Exploration and mining in marine reserves and aquatic habitat 19 protection areas 20 345. Section 38B amended 21 In section 38B: 22 (a) in paragraph (b) delete "Fish Resources Management 23 Act 1994; and" and insert: 24 25 Aquatic Resources Management Act 2015; and 26 27 (b) in paragraph (d) delete "1981; and" and insert: 28 29 1981. 30 31 (c) delete paragraph (e). page 234 Aquatic Resources Management Bill 2015 Consequential amendments to other Acts Part 19 Other Acts amended Division 8 s. 346 1 346. Section 44 amended 2 (1) Delete section 44(1)(c) and insert: 3 4 (c) fishing or aquaculture; or 5 6 (2) Delete section 44(2) and insert: 7 8 (2) In subsection (1)(c) -- 9 aquaculture and fishing have the same meanings as 10 they have in the Aquatic Resources Management 11 Act 2015 section 3(1). 12 13 Division 8 -- Other Acts amended 14 347. Animal Welfare Act 2002 amended 15 (1) This section amends the Animal Welfare Act 2002. 16 (2) In section 5(1) delete the definition of Fisheries Western 17 Australia. 18 (3) In section 5(1) insert in alphabetical order: 19 20 Aquatic Resources Department means the department 21 of the Public Service principally assisting with the 22 administration of the Aquatic Resources Management 23 Act 2015; 24 25 (4) In section 5(1) in the definition of animal delete "a fish (as 26 defined in the Fish Resources Management Act 1994);" and 27 insert: 28 29 an aquatic organism (as defined in the Aquatic Resources 30 Management Act 2015); 31 page 235 Aquatic Resources Management Bill 2015 Part 19 Consequential amendments to other Acts Division 8 Other Acts amended s. 348 1 (5) Delete section 5(2). 2 (6) In section 33(2): 3 (a) after paragraph (a)(ii) insert: 4 5 (iiia) the Aquatic Resources Department; or 6 7 (b) delete paragraph (a)(iv). 8 (7) In section 64(1): 9 (a) after paragraph (b) insert: 10 11 (ca) the Aquatic Resources Department; and 12 13 (b) delete paragraph (d). 14 (8) In section 33(2) after each of paragraph (a)(i), (ii) and (iii) 15 insert: 16 17 or 18 19 (9) In section 64(1) after each of paragraphs (a), (b) and (c) insert: 20 21 and 22 23 348. Biosecurity and Agriculture Management (Repeal and 24 Consequential Provisions) Act 2007 amended 25 (1) This section amends the Biosecurity and Agriculture 26 Management (Repeal and Consequential Provisions) Act 2007. 27 (2) Delete section 89. 28 349. Constitution Acts Amendment Act 1899 amended 29 (1) This section amends the Constitution Acts Amendment Act 1899. page 236 Aquatic Resources Management Bill 2015 Consequential amendments to other Acts Part 19 Other Acts amended Division 8 s. 350 1 (2) In Schedule V Part 3 delete "Any advisory committee established 2 or continued in existence under Part 4 of the Fish Resources 3 Management Act 1994." and insert: 4 5 Any advisory committee established under the Aquatic Resources 6 Management Act 2015 section 224(1). 7 8 350. Control of Vehicles (Off-road Areas) Act 1978 amended 9 (1) This section amends the Control of Vehicles (Off-road Areas) 10 Act 1978. 11 (2) Delete section 38(2)(g) and insert: 12 13 (g) a compliance officer as defined in the Aquatic 14 Resources Management Act 2015 section 3(1); 15 or 16 17 (3) In section 38(2) after each of paragraphs (a), (b), (e), (f) and 18 (ga) insert: 19 20 or 21 22 351. Environmental Protection Act 1986 amended 23 (1) This section amends the Environmental Protection Act 1986. 24 (2) In Schedule 6 item 14 delete "a licence or permit within the 25 meaning of the Fish Resources Management Act 1994." and insert: 26 27 an authorisation within the meaning of the Aquatic Resources 28 Management Act 2015 section 3(1). 29 30 352. Litter Act 1979 amended 31 (1) This section amends the Litter Act 1979. page 237 Aquatic Resources Management Bill 2015 Part 19 Consequential amendments to other Acts Division 8 Other Acts amended s. 353 1 (2) Delete section 26(2)(c)(vii) and insert: 2 3 (vii) a compliance officer as defined in the 4 Aquatic Resources Management 5 Act 2015 section 3(1); or 6 7 (3) In the Third Schedule delete the item relating to Fisheries 8 officers and insert: 9 Compliance officers as defined in the The CEO as defined in Aquatic Resources Management Act 2015 the Aquatic Resources section 3(1) Management Act 2015 section 3(1) 10 11 353. Marine Navigational Aids Act 1973 amended 12 (1) This section amends the Marine Navigational Aids Act 1973. 13 (2) In section 3A(3) in the definition of fishing boat delete "Fish 14 Resources Management Act 1994 or the Pearling Act 1990." 15 and insert: 16 17 Aquatic Resources Management Act 2015. 18 19 354. Mining Act 1978 amended 20 (1) This section amends the Mining Act 1978. 21 (2) In section 24A(3)(b) delete "fisheries" and insert: 22 23 aquatic resources 24 page 238 Aquatic Resources Management Bill 2015 Consequential amendments to other Acts Part 19 Other Acts amended Division 8 s. 355 1 (3) In section 24A(6) delete "fisheries" and insert: 2 3 aquatic resources 4 5 (4) In section 24A(9) delete the definition of fisheries Minister. 6 (5) In section 24A(9) insert in alphabetical order: 7 8 aquatic resources Minister means the Minister for the 9 time being charged with the administration of the 10 Aquatic Resources Management Act 2015; 11 12 (6) In section 25(2B) delete "Fish Resources Management 13 Act 1994" and insert: 14 15 Aquatic Resources Management Act 2015 16 17 355. Spear-guns Control Act 1955 amended 18 (1) This section amends the Spear-guns Control Act 1955. 19 (2) In section 3 in the definition of Inspector delete "fisheries 20 officer referred to in the Fish Resources Management 21 Act 1994," and insert: 22 23 compliance officer as defined in the Aquatic Resources 24 Management Act 2015 section 3(1), 25 26 356. State Administrative Tribunal Act 2004 amended 27 (1) This section amends the State Administrative Tribunal Act 2004. page 239 Aquatic Resources Management Bill 2015 Part 19 Consequential amendments to other Acts Division 8 Other Acts amended s. 357 1 (2) In Schedule 1 delete these items: 2 3 Fish Resources Management Act 1994 4 Pearling Act 1990 5 6 (3) In Schedule 1 insert in alphabetical order: 7 8 Aquatic Resources Management Act 2015 9 10 357. Swan and Canning Rivers Management Act 2006 amended 11 (1) This section amends the Swan and Canning Rivers Management 12 Act 2006. 13 (2) In Schedule 5: 14 (a) before item 1(b) insert: 15 16 (a) the Aquatic Resources Management Act 2015; 17 18 (b) delete item 1(g). 19 358. Volunteers and Food and Other Donors (Protection from 20 Liability) Act 2002 amended 21 (1) This section amends the Volunteers and Food and Other 22 Donors (Protection from Liability) Act 2002. 23 (2) In section 4(1) in the definition of volunteer delete 24 paragraph (b) and insert: 25 26 (b) performing a function as an honorary 27 compliance officer as defined in the Aquatic 28 Resources Management Act 2015 section 3(1); 29 or 30 page 240 Aquatic Resources Management Bill 2015 Consequential amendments to other Acts Part 19 Other Acts amended Division 8 s. 359 1 (3) In section 4(1) in the definition of volunteer after paragraph (a) 2 insert: 3 4 or 5 6 359. Waterways Conservation Act 1976 amended 7 (1) This section amends the Waterways Conservation Act 1976. 8 (2) Delete section 61(5)(a)(ii) and insert: 9 10 (ii) a compliance officer as defined in the 11 Aquatic Resources Management 12 Act 2015 section 3(1); 13 14 360. Western Australian Marine (Sea Dumping) Act 1981 15 amended 16 (1) This section amends the Western Australian Marine (Sea 17 Dumping) Act 1981. 18 (2) Delete section 14(8)(c)(i) and insert: 19 20 (i) the CEO as defined in the Aquatic 21 Resources Management Act 2015 22 section 3(1) in relation to aquatic 23 resources matters; and 24 25 361. Western Australian Marine Act 1982 amended 26 (1) This section amends the Western Australian Marine Act 1982. page 241 Aquatic Resources Management Bill 2015 Part 19 Consequential amendments to other Acts Division 8 Other Acts amended s. 362 1 (2) In section 3(1) insert in alphabetical order: 2 3 aquatic compliance officer means a compliance officer 4 designated under the Aquatic Resources Management 5 Act 2015 section 159(1); 6 7 (3) Delete section 28(3)(b) and insert: 8 9 (b) an aquatic compliance officer; or 10 11 362. Various references to Fish Resources Management Act 1994 12 amended 13 (1) This section amends the Acts listed in the Table. 14 (2) In the provisions listed in the Table delete "Fish Resources 15 Management Act 1994" and insert: 16 17 Aquatic Resources Management Act 2015 18 19 Table Duties Act 2008 s. 136 Planning and Development Sch. 2 cl. 7(2)(e) Act 2005 Port Kennedy Development s. 12(3)(c) Agreement Act 1992 Wildlife Conservation Act 1950 s. 17(2)(e) and (g) and s. 17A(d) 20 Note: In the Duties Act 2008, the heading to amended section 136 is to read: 21 Business licences held under Aquatic Resources Management 22 Act 2015 page 242 Aquatic Resources Management Bill 2015 Defined terms Defined terms [This is a list of terms defined and the provisions where they are defined. The list is not part of the law.] Defined term Provision(s) Aboriginal body corporate ............................................................................... 3(1) Aboriginal person ............................................................................................ 3(1) Abrolhos Islands reserve .................................................................................. 3(1) affected person .................................................................................................. 145 agent ............................................................................................................. 190(1) agreement .......................................................................................................... 220 allocated catch..................................................................................................... 32 alternative area ............................................................................................... 87(1) appointed person .......................................................................................... 258(1) appropriate tenure ............................................................................................... 67 approved .......................................................................................................... 3(1) approved electronic information device ....................................................... 200(1) aquaculture ............................................................................................ 3(1), 69(1) aquaculture gear ............................................................................................... 3(1) aquaculture lease .............................................................................................. 3(1) aquaculture licence .......................................................................................... 3(1) aquaculture zone ................................................................................................. 67 aquatic biosecurity management plan .................................................... 98, 265(1) aquatic eco-tourism .......................................................................................... 3(1) aquatic environment ......................................................................................... 3(1) aquatic habitat protection area ......................................................................... 3(1) aquatic organism ............................................................................................. 3(1) aquatic resource ............................................................................................... 3(1) aquatic resource management strategy (ARMS).............................................. 3(1) aquatic resource use plan (ARUP) ................................................................... 3(1) AR Ministerial Body ......................................................................................... 216 ARMS ................................................................................................................. 23 arrangement ...................................................................................................... 236 authorisation ................................................................................3(1), 156, 209(1) authorised person ......................................................................................... 194(1) balance ........................................................................................................... 41(1) bed ................................................................................................................... 3(1) biological threat ................................................................................................ 113 biosecurity........................................................................................................... 98 boat .................................................................................................................. 3(1) broodstock........................................................................................................ 3(1) business address ........................................................................................... 264(1) CALM Act ....................................................................................................... 3(1) CALM Minister ............................................................................................... 3(1) page 243 Aquatic Resources Management Bill 2015 Defined terms catch .................................................................................................................... 32 catch entitlement .............................................................................................. 3(1) CEO ................................................................................................................. 3(1) class ............................................................................................................. 125(1) coastal waters ...................................................................................................... 67 commencement day .................................................................................. 271, 283 commercial ARUP ......................................................................................... 31(1) commercial authorisation ............................................................................... 49(1) commercial fishing .......................................................................................... 3(1) commercial purpose ......................................................................................... 3(1) commercial quantity ......................................................................................... 127 Commonwealth Act ......................................................................................... 3(1) Commonwealth Minister .................................................................................. 236 Commonwealth regulated fishing activity ........................................................ 236 compliance officer ........................................................................................... 3(1) compliance purposes ......................................................................................... 158 confidential information............................................................................... 259(1) consultation period .............................................................................................. 12 container ...................................................................................................... 195(1) control ................................................................................................................. 98 corresponding law ............................................................................................. 236 customary fishing ............................................................................................. 3(1) deal............................................................................................................... 109(1) declared organism ...................................................................................... 3(1), 98 Department ...................................................................................................... 3(1) determined value ............................................................................................ 50(1) disease .............................................................................................................. 3(1) document.......................................................................................................... 3(1) draft strategy ....................................................................................................... 12 engage .............................................................................................................. 3(1) entitlement ....................................................................................................... 3(1) entry warrant ..................................................................................................... 158 exemption ........................................................................................................ 3(1) expiry day ...................................................................................................... 58(1) export ............................................................................................................... 3(1) fish way ........................................................................................................ 261(1) fishery .............................................................................................................. 3(1) fishing .............................................................................................................. 3(1) fishing activity .............................................................................3(1), 132(1), 236 fishing boat ...................................................................................................... 3(1) fishing gear ...................................................................................................... 3(1) fishing period ........................................................................................ 3(1), 16(1) fishing tour .......................................................................................... 3(1), 188(1) foreign boat ...................................................................................................... 3(1) former body corporate ................................................................................. 276(1) page 244 Aquatic Resources Management Bill 2015 Defined terms FRMA authorisation ......................................................................................... 271 high impact organism .......................................................................................... 98 honorary compliance officer ............................................................................ 3(1) interfere ........................................................................................................ 178(1) intervene ........................................................................................................ 71(1) Joint Authority .................................................................................................. 236 jointly owned ................................................................................................. 94(1) label ............................................................................................................. 195(1) levy ................................................................................................................... 226

evy Account ............................................................................................... 234(1) managed aquatic resource ................................................................................ 3(1) managed fishery ............................................................................................... 3(1) managed fishery licence ................................................................................... 3(1) management and environmental monitoring plan (MEMP)................................ 67 management plan ....................................................................................... 3(1), 51 marine management area ................................................................................. 3(1) marine nature reserve ....................................................................................... 3(1) marine park ...................................................................................................... 3(1) master ............................................................................................................... 3(1) MEMP.......................................................................................................... 286(1) new authorisation .............................................................................209(3), 209(4) notice ............................................................................................................. 39(1) noxious substance ............................................................................................ 3(1) occupier............................................................................................................. 158 officer ........................................................................................................... 191(1) organism .......................................................................................................... 3(1) original area ................................................................................................... 87(1) original authorisation .......................................................................209(3), 209(4) participant .................................................................................................... 259(4) pearl ................................................................................................................. 3(1) Pearling Act authorisation............................................................................ 285(1) person in charge of a fishing tour................................................................. 188(1) place ................................................................................................................. 3(1) possession ........................................................................................................ 3(1) potential carrier ................................................................................................... 98 prescribed......................................................................................................... 3(1) prescribed potential carrier ................................................................................. 98 presence ....................................................................................................... 105(1) principal offender .............................................................................187(1), 188(2) priority aquatic organisms................................................................................. 127 private land ................................................................................................ 3(1), 67 process ............................................................................................................. 3(1) prohibited conduct .................................. 31(1), 49(1), 64(1), 65(1), 94(1), 104(1) protected aquatic organism ................................................................. 3(1), 125(1) public authority ............................................................................................ 261(1) page 245 Aquatic Resources Management Bill 2015 Defined terms purchase ........................................................................................................... 3(1) quantity ............................................................................................................ 3(1) R&D Account .............................................................................................. 232(1) recipient .............................................................................................. 36(1), 38(1) record ............................................................................................................... 3(1) recreational fishing .................................................................................... 3(1), 12 recreational fishing body................................................................................ 47(1) recreational fishing licence .............................................................................. 3(1) recreational TAC................................................................................................. 44 regional fishing activity .................................................................................... 236 register ............................................................................................................. 3(1) registrable interest ........................................................................................... 3(1) regulate ............................................................................................................ 3(1) relevant ARUP .................................................................................................... 32 relevant authorisation .......................................................................... 49(1), 50(1) relevant offence................................................................................................. 212 relevant record .................................................................................................. 158 repealed Act .............................................................................................. 271, 283 replacement authorisation ............................................................................ 275(1) reportable declared organism ....................................................................... 105(1) required consultation.................................................................................... 273(1) required control measures ............................................................................ 110(1) resource ............................................................................................................... 23 resource share .................................................................................................. 3(1) restricted-access electronic reporting system ............................................... 195(1) reviewable decision........................................................................................... 145 RF Account .................................................................................................. 233(1) risk assessment .................................................................................................... 12 security holder ................................................................................................. 3(1) security interest ................................................................................................ 3(1) seized thing .................................................................................................. 205(1) sell .................................................................................................................... 3(1) share option ...................................................................................................... 3(1) species .............................................................................................................. 3(1) specified ........................................................................................................... 3(1) State .................................................................................................................. 236 supply .................................................................................................................. 98 surety ............................................................................................................... 3(1) take................................................................................................................... 3(1) temporary aquaculture permit .......................................................................... 3(1) terminates ....................................................................................................... 41(1) total allowable catch (TAC) ............................................................................ 3(1) traffic ................................................................................................................ 127 transitional matter ........................................................................................ 270(1) transitioned aquaculture licence ................................................................... 286(1) page 246 Aquatic Resources Management Bill 2015 Defined terms unattached ...................................................................................................... 85(1) unauthorised structure ....................................................................................... 158 unit ...................................................................................................................... 51 vary .................................................................................................................. 3(1) vehicle .............................................................................................................. 3(1) WA regulated fishing activity ........................................................................... 236 WA waters ....................................................................................................... 3(1) waters ............................................................................................................... 3(1) waterway ...................................................................................................... 261(1)

[Index] [Search] [Download] [Related Items] [Help]