Western Australian Consolidated Acts Western Australian Consolidated Acts
TABLE OF PROVISIONS
PART 1 -- Preliminary
1. Short title
2. Commencement
3. Objects
4A. Precautionary principle, effect of
4. Terms used
5. Term used: WA waters
6. Aboriginal persons, application of Act to
7. Exemptions from Act, grant of by Minister
8. Crown bound
PART 2 -- Administration
9. “Minister for Fisheries”, body corporate
11. Fisheries officers and other staff, appointment of
12. Delegation by Minister
13. Delegation by CEO
14. Minister may carry out research etc.
PART 3 -- Commonwealth-State management of fisheries
Division 1 -- Preliminary
15. Terms used
Division 2 -- Joint Authorities
16. Minister’s powers and functions under Commonwealth Act
17. Judicial notice of signature etc. of Joint Authority member
18. Functions of Joint Authority
19. Delegation by Joint Authority
20. Procedure of Joint Authorities
21. Report of Joint Authority
Division 3 -- Arrangements for management of particular fisheries
22. Arrangement for management under Commonwealth Act
23. Application of this Act to fisheries under arrangements
24A. Application of Commonwealth law to fisheries under arrangements
24. Joint Authority, functions of
25. Joint Authority, exercise of powers by
26. Provisions in this Act about offences etc., application of to Joint Authority fishery
27. Certain statements in arrangements, presumptions as to
28. Regulations etc. for fisheries under arrangements
Division 4 -- Arrangements with other States and Territories
29A. Minister may enter into arrangements
29B. Minister’s functions for this Division
PART 4 -- Advisory Committees
Division 4 -- Fishery Management Advisory Committees
41. Committees, establishment and functions of
Division 5 -- Other committees
42. Other committees, establishment and functions of
Division 6 -- Operation of committees
43A. Regulations about operation of committees
PART 5 -- General regulation of fishing
Division 1 -- Prohibited fishing
43. Minister may prohibit fishing
44. Minister’s orders subject to disallowance by Parliament
Division 2 -- Protected fish
45. Protected fish, prescription of
46. Totally protected fish, offences as to
47. Commercially protected fish, offences as to
48A. Recreationally protected fish, offences as to
48. Defences to charges under s. 46, 47 or 48A
49. Mutilation of fish to prevent determination, offence
Division 3 -- Bag and possession limits
50. Bag limits for taking fish, regulations and offences as to
51. Possession limits for fish, regulations and offences as to
Division 4 -- General penalty
52. General penalty for s. 43, 46, 47, 48A, 50 and
PART 6 -- Management of fisheries
Division 1 -- Interpretation
53. Term used: authorisation
Division 2 -- Management plans
54. Determination etc. of management plan
55. Instruments under s. 54 subject to disallowance by Parliament
56. Contents of management plans, general provisions
57. Expiry date for plan for interim managed fishery
58. Management plan may provide for authorisations etc.
59. Management plan may specify capacity of fishery
60. Management plan may provide for entitlements under authorisations
61. Management plan may prohibit fishing etc.
62. Management plan, miscellaneous provisions in
63. How an interim managed fishery becomes a managed fishery
Division 3 -- Procedure before determining or amending management plans
64. Procedure before determining management plan
65. Procedure before amending management plan
Division 4 -- Managed fishery licences and interim managed fishery permits
66. Authorisations, grant of
67. Duration of authorisations
68. Renewal of authorisations
69. Conditions in authorisations
70. Authorisation ceases to have effect if management plan ceases to have effect
71. Prior fishing confers no right to authorisation
72. Grant of authorisation confers no right to subsequent authorisation
73. Other licences do not authorise fishing in fishery
73A. Authorisation is subject to restrictions in relation to certain marine reserves
Division 5 -- Offences
74. Contravening management plan
76. Offence under s. 74(1) or 77(1), court to order reduction of entitlement in certain cases of
77. Contravening condition of managed fishery licence or managed fishery permit, offence
78A. Regulations relating to cancellations under s. 224
PART 7 -- Fish processing
79. When permit to construct place to process fish required
80. Permit for processing fish, grant of
81. Conditions on s. 80 permits
82. When fish processor’s licence required
83. Fish processor’s licence, grant of
84. Duration of licence
85. Renewal of licence
86. Licensee not to process or store fish except at place specified in licence
87. Conditions on fish processor’s licence
88. Contravening condition of permit or licence, offence
89. Regulations about processing etc. fish
PART 8 -- Aquaculture
Division 1 -- Aquaculture licences
90. When licence required
91. Exceptions to s. 90
92A. Applicant for licence to have management and environmental monitoring plan (MEMP)
92. Licence, grant of
93. Duration of licence
94. Renewal of licence
95. Conditions of licences
96. Contravening licence, offence
97A. Contravening MEMP, offence
97B. Temporary aquaculture permits, grant of
Division 2 -- Aquaculture leases
97C. Methods by which Minister may offer areas for lease
97. Leases, grant of
98. Certain marine reserves, grant of leases in
98A. Certain marine reserves, renewal of leases in
99. Aquaculture licence and aquaculture lease, relationship of
100A. Contravening lease, offences
100. Termination of lease
101. Clean-up and rehabilitation of former leased area
Division 3 -- Miscellaneous matters
101A. Minister’s powers as to aquaculture
102. Regulations about aquaculture
PART 9A -- Exotic fish
103A. Accidental introduction of exotic fish into WA waters, CEO’s powers to reduce risk of
PART 9 -- Noxious fish
103. Noxious fish, prescription of
104. Noxious fish, offences as to
105. Noxious fish not to be brought into the State etc.
106. Fisheries officers’ powers as to people with noxious fish
107. Destroying noxious fish, recovering costs of
108. No compensation payable for incidental damage
PART 10 -- Designated fishing zones
109. Designated fishing zones, prescription of
110. Marine reserve, no designated fishing zone in
111. Signs indicating zones to be erected
112. Fisheries officers’ powers as to people in designated fishing zones
113. Regulations about designated fishing zones
PART 11 -- Fish habitat protection areas and Abrolhos Islands reserve
Division 1 -- Fish habitat protection areas
114. Application of Division to other Acts
115. Fish habitat protection areas, creating
116. Marine reserve, no fish habitat protection area in
117. Draft plan for fish habitat protection area, Minister to determine
118. Notice of proposal to create fish habitat protection area
119. Control and management of fish habitat protection areas
120. Regulations about fish habitat protection areas
Division 2 -- Abrolhos Islands reserve
121. Regulations about reserve
122. Control and management of reserve
123. Parks and Reserves Act 1895, application of to reserve
PART 12 -- Register
124. Registrar
125. Register of authorisations etc.
126. Information to be included in register
127. Application to have security interest in authorisation etc. noted
128. Notation of security interest
129. Irrelevant matters for purpose of s. 128
130. Security holder noted in register to be notified of certain events affecting security
131. Removing or varying notation of security interest
132. Register may be amended
133. No compensation payable because of Registrar’s acts
134. Regulations about register
PART 13 -- General provisions relating to authorisations
135. Applications for grant etc. of authorisation
136. Grant of authorisations not as of right
136A. Marine reserves, grant and renewal of authorisations for areas in
137. Effect of authorisations
138. Form of authorisations
139. Renewal after expiry
140. Transfer of authorisations
141. Temporary transfer of entitlements under authorisations
142. Varying authorisations
143. Cancelling, suspending and non-renewal of authorisations
144. Voluntary surrender of authorisations
145. Return of authorisations, CEO may require
146A. Death of individual who holds authorisation
PART 14 -- Right to object or apply for review
146. Term used: affected person
147. CEO to notify persons of certain decisions
148. CEO to publish notice of certain decisions
149. Review by SAT of certain decisions
150. Authorisation continues pending review decision about renewal
151. CEO to give notice of when decision listed in s. 147(1) has effect
152. SAT to give notice of decision on review
PART 15A -- Fish trafficking
153. Terms used
154. Trafficking in fish defined
155. Trafficking in commercial quantity of priority fish, offence
156. Regulations about trafficking in fish
PART 15 -- Miscellaneous offences
170. Explosives and noxious substances not to be used for fishing
171. Preventing etc. lawful fishing activities, offence
172. Removing fish from etc. fishing gear etc. without authority, offence
173. Purchase or sale of fish taken unlawfully, offence
174. Foreign boat not to be used for fishing etc., offence
175. Foreign boat equipped with fishing gear, possession of is offence
175A. Mandatory maximum sentences for individuals convicted of third or subsequent offences under s. 174 or
176. False statements in applications
PART 16A -- Emergency powers to deal with biological threats
177A. Application of Part
177B. Terms used
177C. Biological threats, CEO’s powers to deal with
PART 16 -- Fisheries officers
177. Certificate of appointment, issue of etc.
178. Certificate of appointment, production of
179. Honorary fisheries officers, appointment of etc.
180. Police officers to have powers of fisheries officers
181. Naval officers to have powers of fisheries officers in dealing with foreign boats
182. Powers to enter certain places to inspect certain matters
183. Powers to enter and search land to investigate offences
184. Powers to enter and search non-residential premises
185. Powers to enter and search residential premises
186. Powers to enter and search tents etc. where fish or gear is suspected to be
187. Warrants to enter and search places
188. Warrants may be granted by telephone etc.
189. Powers to obtain certain information
190. Powers to inspect etc. authorisations etc.
191. Other powers
191A. Powers under Animal Welfare Act 2002 to prevent cruelty to fish
192. Powers to arrest without warrant
193. Powers to seize things
194. Powers to deal with seized fish
195. Powers to seize abandoned etc. fishing gear
196. Interfering with seized property, offence
197. Power to require assistance from people
198. Duty to try to minimize damage
199. False or misleading information to fisheries officer, offence
200. Obstructing etc. fisheries officers
PART 17 -- Legal proceedings
Division 1 -- Proceedings
201. Prosecutions, institution of etc.
Division 2 -- Responsibility of certain persons
202. Masters’ liability
202A. Person in charge of a fishing tour, liability of
202B. Authorisation holder, liability of for offences by co-holders
203. Authorisation holder, liability of for offences by agents of
204. Officers of body corporate, liability of for offence by body
Division 3 -- Evidentiary provisions
205. Exemptions etc., onus of proving
206. Place of offence, proof of
207. Foreign boat, proof as to
208. Contents etc. of package etc., proof of
209. Fish taken for sale, proof as to
210. Fish on fishing boats and commercial premises etc. presumed to be for sale
211. Purpose or intent, proof of
212. Authorisations etc., evidence as to
213. Species of fish etc., evidence as to
214. Size etc. of fish, determining
215. Accuracy of fisheries officers’ equipment, presumption as to
216. Positions on Earth, determining
Division 4 -- Forfeiture
217. Seized things, return of and security for
218. Forfeiture of fish, gear etc., court orders for
219. Unclaimed seized things, forfeiture of
220. Certain fish forfeited when seized
221. Forfeited things, disposal of
Division 5 -- Additional penalties
222. Additional penalty based on value of fish for certain offences
223. Cancelling or suspending authorisation, court’s powers for
224. Automatic suspension if 3 offences committed in 10 year period
225. Prohibitions on offender, court’s powers to impose etc.
Division 6 -- Infringement notices
226. Term used: authorised person
227. Authorised persons, appointment of
228. Infringement notices, service of
229. Infringement notices, form of
230. Extending time to pay modified penalty
231. Withdrawal of infringement notice
232. Payment of modified penalty, consequences of
PART 18 -- Financial provisions
Division 1 -- Collection of levy imposed under Fishing Industry Promotion Training and Management Levy Act 1994
233. When and to whom levy is payable
234. Payment by instalments
235. Exemption from levy
236. Penalty for non-payment
237. Recovery of levy
Division 2 -- Accounts
238. Fisheries Research and Development Account
239. Recreational Fishing Account
240. Fishing Industry Promotion Training and Management Levy Account
243. Financial Management Act 2006 and Auditor General Act 2006, application of
PART 19 -- Miscellaneous
244. Protection from personal liability
246. Administrative guidelines, issue and effect of
247. Guidelines about foreign interests, issue of
248. Consultation before issue etc. of guidelines under s. 246 or 247
249. Inquiry into holder etc. of authorisation, commencement and conduct of
250. Confidential information, divulging
251. Exclusive licences to take fish, grant of
252. Marine reserve, no exclusive licence to be granted in
254. Waterway works, public authority to notify Minister of
255. Activities that pollute waters, Minister may prohibit
256. Regulations, general power to make
257. Regulations about licensing
258. Regulations, miscellaneous subjects for
259. Categories of fish, prescription of
261. Notices etc., service of
262. Orders, regulations etc., CEO to make publicly available
263. Annual report of Department, content of
PART 20 -- Transitional matters
Division 1 -- Transitional matters for Fish Resources Management Act 1994
266. Fish Resources Management Act 1994, provisions for (Sch. 3)
Division 2 -- Transitional matters for Fish Resources Management Amendment Act 2011
267. Term used: amending Act
268. Exemptions under s. 7
269. Application of extended period for service of infringement notices under s. 228
270. Transfer of money in accounts under repealed s. 241 and 242
SCHEDULE 3 -- Savings and transitional provisions for Fish Resources Management Act 1994
[Reprinted under the Reprints Act 1984 as at 13 January 2012]
Compilation table