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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Fish Resources Management Amendment
Bill 2001
CONTENTS
1. Short title 1
2. Commencement 2
3. The Act amended 2
4. Section 3 amended 2
5. Section 4 amended 2
6. Section 97 amended 3
7. Section 99 amended 3
8. Section 101A inserted and validation of certain
aquaculture park arrangements 4
9. Section 102 amended 6
10. Section 125 amended 6
11. Section 126 amended 7
12. Section 127 amended 7
13. Section 128 amended 7
14. Section 129 amended 7
15. Section 130 amended 7
16. Section 131 amended 8
17. Section 171 amended 8
18. Section 172 amended 9
19. Section 212 amended 9
20. Section 238 amended 10
21. Section 239 amended 11
22. Section 246 amended 11
23. Section 258 amended 11
24. Section 261 amended 11
page i
89--1
Western Australia
LEGISLATIVE ASSEMBLY
Fish Resources Management Amendment
Bill 2001
A Bill for
An Act to amend the Fish Resources Management Act 1994 and for
related purposes.
The Parliament of Western Australia enacts as follows:
1. Short title
This Act may be cited as the Fish Resources Management
Amendment Act 2001.
page 1
Fish Resources Management Amendment Bill 2001
s. 2
2. Commencement
This Act comes into operation on the day on which it receives
the Royal Assent.
3. The Act amended
5 The amendments in this Act are to the Fish Resources
Management Act 1994*.
[* Reprinted as at 28 April 2000.
For subsequent amendments see 2000 Index to Legislation of
Western Australia, Table 1, p. 167, and Acts Nos. 41 of 2000
10 and 10 of 2001.]
4. Section 3 amended
Section 3(2)(d) is amended by deleting "aquaculture;" and
inserting instead --
"
15 aquaculture including the establishment and
management of aquaculture facilities for
community or commercial purposes;
".
5. Section 4 amended
20 (1) Section 4(1) is amended in the definition of "security holder" by
inserting after "authorization" in both places where it occurs --
" or aquaculture lease ".
(2) Section 4(1) is amended in the definition of "security interest"
by inserting after "authorization" in both places where it
25 occurs --
" or aquaculture lease ".
page 2
Fish Resources Management Amendment Bill 2001
s. 6
6. Section 97 amended
(1) Section 97(3)(a) is deleted and the following paragraph is
inserted instead --
"
5 (a) the exclusive right during the currency of the
lease to keep, breed, hatch and culture within
the leased area the species of fish that are
specified in the lease;
".
10 (2) Section 97(3)(b) is amended by deleting "specified in the lease
that are within the leased area." and inserting instead --
"
within the leased area that are kept, bred,
hatched or cultured under the lease.
15 ".
(3) Section 97(5) and (6) are repealed and the following subsections
are inserted instead --
"
(5) A lease may be granted or renewed subject to such
20 terms, covenants, restrictions and conditions as the
Minister thinks fit including the requirement for
payment of money to the Minister.
(6) Without limiting subsection (5), a lease may be subject
to a condition requiring security to be given for the
25 observance of any terms, covenants, restrictions or
conditions of the lease.
".
7. Section 99 amended
Section 99(1) is amended by deleting "the lease" and inserting
30 instead --
" the leased area ".
page 3
Fish Resources Management Amendment Bill 2001
s. 8
8. Section 101A inserted and validation of certain aquaculture
park arrangements
(1) After section 101 the following section is inserted --
"
5 101A. Minister's powers in relation to aquaculture
(1) The Minister may --
(a) establish or manage aquaculture facilities to be
used by other persons for community or
commercial purposes;
10 (b) arrange for aquaculture facilities established by
the Minister to be managed or used by other
persons for community or commercial
purposes; or
(c) arrange for other persons to establish and
15 manage aquaculture facilities on --
(i) land owned by the Minister, including
in fee simple; or
(ii) any reserve the care, control and
management of which have been placed
20 under section 46 of the Land
Administration Act 1997 with the
Minister for the purposes of
aquaculture.
(2) The Minister may do all things necessary or convenient
25 to be done for or in connection with the exercise of the
Minister's powers under subsection (1) including the
power --
(a) to acquire, hold, take on lease, let, sublet, issue
licences in respect of and exchange real or
30 personal property;
(b) to construct or erect buildings or other works
and to improve, develop or alter property;
page 4
Fish Resources Management Amendment Bill 2001
s. 8
(c) to make land, buildings and other facilities
available for the use of persons engaged in the
aquaculture industry;
(d) to provide advisory or administrative services
5 for or in connection with establishing,
conducting or developing any activity
associated with the aquaculture industry; or
(e) to demand and receive payment with respect to
the provision of services or the performance of
10 any work by or on behalf of the Minister.
(3) Subsection (2) does not operate to give the Minister
any power in relation to property that would be
inconsistent with the terms of any reserve or
management order under the Land Administration
15 Act 1997, any lease or any other document or a
provision of a written law by which the Minister holds
that property.
(4) In this section --
"aquaculture" includes the keeping, breeding,
20 hatching or culturing of pearl oysters.
".
(2) The arrangements of 15 April 1995 by which the Minister for
Fisheries purported to lease from the Minister for Transport that
portion of land known as "Aquaculture Park Area", being a total
25 area of 7.8152 hectares situated in the Broome Port area, for the
purposes of establishing an aquaculture park are to be taken to
be, and always to have been, as valid as they would have been if
the amendments made to the Fish Resources Management
Act 1994 by this Act were in effect at the time the arrangements
30 were made.
(3) Any of the following arrangements that were in effect
immediately before the commencement of this Act are to be
taken to be, and always to have been, as valid as they would
page 5
Fish Resources Management Amendment Bill 2001
s. 9
have been if the amendments made to the Fish Resources
Management Act 1994 by this Act were in effect at the time the
arrangements were made --
(a) arrangements for the establishment or management by
5 the Minister of aquaculture facilities to be used by other
persons for community or commercial purposes;
(b) arrangements for aquaculture facilities established by
the Minister to be managed or used by other persons for
community or commercial purposes;
10 (c) arrangements for other persons to establish and manage
aquaculture facilities on land owned by the Minister.
(4) In subsection (3) --
"aquaculture" means the keeping, breeding, hatching or
culturing of --
15 (a) fish as defined in the Fish Resources Management
Act 1994; or
(b) pearl oysters as defined in that Act;
"commercial purpose" has the same meaning as in the
Fish Resources Management Act 1994.
20 9. Section 102 amended
Section 102(c) is amended by inserting after "aquaculture" --
" leases, including the transfer of aquaculture ".
10. Section 125 amended
(1) Section 125(1) is amended by inserting after "authorizations" --
25 " , aquaculture leases ".
(2) Section 125(2) is amended by inserting after "form" --
" or forms ".
page 6
Fish Resources Management Amendment Bill 2001
s. 11
11. Section 126 amended
Section 126 is amended by inserting after "authorization" in the
first 4 places where it occurs --
" , aquaculture lease ".
5 12. Section 127 amended
Section 127 is amended by inserting after "authorization" in
both places where it occurs --
" or aquaculture lease ".
13. Section 128 amended
10 Section 128(1) is amended by deleting "authorization." and
inserting instead --
" authorization or aquaculture lease. ".
14. Section 129 amended
Section 129(2) is amended by inserting after "authorization" --
15 " or aquaculture lease ".
15. Section 130 amended
(1) Section 130 is amended by deleting "an authorization" and
inserting instead --
" an authorization or aquaculture lease ".
20 (2) Section 130(a) is amended by inserting after "authorization" --
" or aquaculture lease ".
(3) After section 130(b) the following paragraph is inserted --
"
(ba) an aquaculture lease is to be varied or
25 transferred;
".
page 7
Fish Resources Management Amendment Bill 2001
s. 16
(4) Section 130(d) is amended by deleting "authorization;" and
inserting instead --
"
authorization or the Minister proposes to
5 terminate the aquaculture lease;
".
(5) Section 130(e) is amended as follows:
(a) by inserting after "authorization" in the first place where
it occurs --
10 " or aquaculture lease ";
(b) by deleting "authorization," and inserting instead --
"
authorization or terminate the aquaculture
lease, as is relevant to the case,
15 ".
16. Section 131 amended
(1) Section 131(1) is amended by inserting after "authorization" in
both places where it occurs --
" or aquaculture lease ".
20 (2) Section 131(4) is amended by inserting after "authorization" --
" or aquaculture lease ".
17. Section 171 amended
(1) Section 171(1)(a) is amended by inserting after "fishing" --
" or from lawfully engaging in aquaculture ".
25 (2) Section 171(1)(b) is amended by inserting after "fishing" --
" or lawfully engaging in aquaculture ".
page 8
Fish Resources Management Amendment Bill 2001
s. 18
18. Section 172 amended
(1) Section 172(a) is amended by deleting "or other gear that is
being used for fishing;" and inserting instead --
"
5 , fishing gear or gear that is being used for
aquaculture;
".
(2) Section 172(b) is amended by deleting "or other gear that is
being used for fishing," and inserting instead --
10 "
, fishing gear or gear that is being used for
aquaculture,
".
19. Section 212 amended
15 (1) Section 212(1)(a) is amended by inserting after
"authorization" --
" or aquaculture lease ".
(2) Section 212(1)(c) is amended by deleting "effect;" and inserting
instead --
20 "
effect or an aquaculture lease was terminated or
for any other reason of no effect;
".
(3) Section 212(1)(d) is amended by inserting after
25 "authorization" --
" , aquaculture lease ".
page 9
Fish Resources Management Amendment Bill 2001
s. 20
20. Section 238 amended
(1) Section 238(4)(b) is deleted and the following paragraphs are
inserted instead --
"
5 (b) fees, royalties or other money paid in respect of
aquaculture leases, aquaculture facilities or
exclusive licences;
(ba) rent or other money paid to the Minister under
leases or licences issued under management
10 orders as defined in the Land Administration
Act 1997 in respect of fish habitat protection
areas, the Abrolhos Islands reserve or any other
reserve the care, control and management of
which have been placed under section 46 of
15 that Act with the Minister;
(bb) payments received under section 101A(2)(e);
".
(2) After section 238(5)(e) the following paragraph is inserted --
"
20 (ea) to provide payment in consideration for the
surrender of an aquaculture lease;
".
(3) Section 238(5)(f) is deleted and the following paragraphs are
inserted instead --
25 "
(f) the purposes set out in section 115(2) for which
an area may be set aside as a fish habitat
protection area;
(fa) the care, control and management of the
30 Abrolhos Islands reserve;
".
page 10
Fish Resources Management Amendment Bill 2001
s. 21
21. Section 239 amended
After section 239(4)(f) the following paragraph is inserted --
"
(fa) to provide payment in consideration for the
5 surrender of an aquaculture lease;
".
22. Section 246 amended
(1) Section 246(1) is amended by inserting after "fishing industry"
in the first place where it occurs --
10 "
, the aquaculture industry, the aquatic eco-tourism
industry, the fishing tour industry, the pearling industry
".
(2) Section 246(1) is amended by inserting after "fishing industry"
15 in the second place where it occurs --
"
, the aquaculture industry, the aquatic eco-tourism
industry, the fishing tour industry
".
20 23. Section 258 amended
Section 258(t) is amended by deleting "fishing;" and inserting
instead --
" fishing or aquaculture; ".
24. Section 261 amended
25 Section 261(1) is amended by deleting "authorization," and
inserting instead --
" authorization or aquaculture lease, ".
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