Western Australian Consolidated Acts Western Australian Consolidated Acts1 This is a compilation of the Fish Resources Management Act
1994 and includes the amendments made by the other written laws referred to
in the following table 1a, 2.
The table also contains information about any reprint.
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
53 of 1994 |
2 Nov 1994 |
s. 1 and 2:
2 Nov 1994; |
|
|
Sentencing (Consequential Provisions) Act 1995
Pt. 34 |
78 of 1995 |
16 Jan 1996 |
4 Nov 1996 (see s. 2 and Gazette
25 Oct 1996 p. 5632) |
|
Local Government (Consequential
Amendments) Act 1996 s. 4 |
14 of 1996 |
28 Jun 1996 |
1 Jul 1996 (see s. 2) |
|
Acts Amendment (Marine Reserves) Act 1997
Pt. 6 |
5 of 1997 |
10 Jun 1997 |
29 Aug 1997 (see s. 2 and Gazette
29 Aug 1997 p. 4867) |
|
Fishing and Related Industries Compensation (Marine
Reserves) Act 1997 s. 14 |
39 of 1997 |
2 Dec 1997 |
2 Dec 1997 (see s. 2) |
|
Sunday Observance Laws Amendment and Repeal Act 1997
s. 5 |
49 of 1997 |
10 Dec 1997 |
10 Dec 1997 (see s. 2) |
|
Reprint of the Fish Resources Management
Act 1994 as at 28 Apr 2000 (includes amendments listed
above) |
|||
|
Fish Resources Management Amendment
Act 2000 |
41 of 2000 |
2 Nov 2000 |
s. 1 and 2:
2 Nov 2000; |
|
Acts Amendment (Australian Datum) Act 2000
s. 3 |
54 of 2000 |
28 Nov 2000 |
8 Nov 2003 (see s. 2 and Gazette
2 Sep 2003 p. 3923) |
|
10 of 2001 |
28 Jun 2001 |
15 Jul 2001 (see s. 2 and Gazette
29 Jun 2001 p. 3257 and Cwlth Gazette
13 Jul 2001 No. S285) |
|
|
Fish Resources Management Amendment
Act 2002 3 |
2 of 2002 |
9 Apr 2002 |
9 Apr 2002 (see s. 2) |
|
33 of 2002 |
15 Nov 2002 |
4 Apr 2003 (see s. 2 and Gazette
4 Apr 2003 p. 1023) |
|
|
Offshore Minerals (Consequential Amendments)
Act 2003 Pt. 4 |
12 of 2003 |
17 Apr 2003 |
1 Jan 2011 (see s. 2 and Gazette 17 Dec 2010 p.
6350) |
|
Sentencing Legislation Amendment and Repeal Act 2003
s. 63 |
50 of 2003 |
9 Jul 2003 |
15 May 2004 (see s. 2 and Gazette
14 May 2004 p. 1445) |
|
Acts Amendment and Repeal (Courts and Legal Practice)
Act 2003 s. 36 |
65 of 2003 |
4 Dec 2003 |
1 Jan 2004 (see s. 2 and Gazette
30 Dec 2003 p. 5722) |
|
Statutes (Repeals and Minor Amendments) Act 2003
s. 56 |
74 of 2003 |
15 Dec 2003 |
15 Dec 2003 (see s. 2) |
|
Courts Legislation Amendment and Repeal Act 2004
s. 141 (Sch. 1 cl. 65) |
59 of 2004 |
23 Nov 2004 |
1 May 2005 (see s. 2 and Gazette
31 Dec 2004 p. 7128) |
|
State Administrative Tribunal (Conferral of Jurisdiction)
Amendment and Repeal Act 2004 Pt. 2 Div. 51 4,
5 |
55 of 2004 |
24 Nov 2004 |
1 Jan 2005 (see s. 2 and Gazette
31 Dec 2004 p. 7130) |
|
Criminal Procedure and Appeals (Consequential and Other
Provisions) Act 2004 s. 80 and 82 |
84 of 2004 |
16 Dec 2004 |
2 May 2005 (see s. 2 and Gazette
31 Dec 2004 p. 7129 (correction in Gazette
7 Jan 2005 p. 53)) |
|
Reprint 2: The Fish Resources Management
Act 1994 as at 11 Mar 2005 (includes amendments listed above except
those in the Offshore Minerals (Consequential Amendments) Act 2003,
the Courts Legislation Amendment and Repeal Act 2004 and the
Criminal Procedure and Appeals (Consequential and Other Provisions)
Act 2004) |
|||
|
Machinery of Government (Miscellaneous Amendments)
Act 2006 Pt. 8 Div. 3 6,
7 |
28 of 2006 |
26 Jun 2006 |
1 Jul 2006 (see s. 2 and Gazette
27 Jun 2006 p. 2347) |
|
Financial Legislation Amendment and Repeal Act 2006
s. 4 and Sch. 1 cl. 68 |
77 of 2006 |
21 Dec 2006 |
1 Feb 2007 (see s. 2(1) and Gazette
19 Jan 2007 p. 137) |
|
Fish Resources Management Amendment
Act 2007 |
28 of 2007 |
26 Oct 2007 |
26 Oct 2007 (see s. 2) |
|
Petroleum Amendment Act 2007 s.
94 |
35 of 2007 |
21 Dec 2007 |
19 Jan 2008 (see s. 2(b) and Gazette
18 Jan 2008 p. 147) |
|
Reprint 3: The Fish Resources Management
Act 1994 as at 16 May 2008 (includes amendments listed above except
those in the Offshore Minerals (Consequential Amendments)
Act 2003) |
|||
|
Statutes (Repeals and Miscellaneous Amendments) Act
2009 s. 60 |
8 of 2009 |
21 May 2009 |
22 May 2009 (see s. 2(b)) |
|
Fish Resources Management Amendment
Act 2009 |
37 of 2009 |
3 Dec 2009 |
s. 1 and 2: 3 Dec 2009
(see s. 2(a)); |
|
19 of 2010 |
28 Jun 2010 |
11 Sep 2010 (see s. 2(b) and Gazette
10 Sep 2010 p. 4341) |
|
|
Fish Resources Management Amendment (Fees) Act
2011 |
21 of 2011 |
11 Jul 2011 |
s. 1 and 2: 11 Jul 2011
(see s. 2(a)); |
|
Fish Resources Management Amendment (Fees) Act (No.
2) 2011 |
22 of 2011 |
11 Jul 2011 |
s. 1 and 2: 11 Jul 2011
(see s. 2(a)); |
|
Personal Property Securities (Consequential Repeals and
Amendments) Act 2011 Pt. 7 Div. 1 |
42 of 2011 |
4 Oct 2011 |
30 Jan 2012 (see s. 2(c) and Cwlth
Legislative Instrument No. F2011L02397 cl. 5 registered 21 Nov
2011) |
|
Fish Resources Management Amendment
Act 2011 |
43 of 2011 |
12 Oct 2011 |
s. 1 and 2: 12 Oct 2011
(see s. 2(a)); |
|
Reprint 4: The Fish Resources Management
Act 1994 as at 13 Jan 2012 (includes amendments listed
above except those in the Personal Property Securities (Consequential Repeals
and Amendments) Act 2011) |
|||
1a On the date as at which this
compilation was prepared, provisions referred to in the following table had not
come into operation and were therefore not included in this compilation. For
the text of the provisions see the endnotes referred to in the table.
Provisions
that have not come into operation
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
Biosecurity and Agriculture Management (Repeal and
Consequential Provisions) Act 2007
s. 89 8 |
24 of 2007 |
12 Oct 2007 |
To be proclaimed (see s. 2(1)) |
|
19 of 2010 |
28 Jun 2010 |
To be proclaimed (see s. 2(b)) |
|
|
Road Traffic Legislation Amendment Act 2012
Pt. 4 Div. 24 10 |
8 of 2012 |
21 May 2012 |
Operative on commencement of the Road Traffic
(Administration) Act 2008 (see s. 2(d)) |
2 The amendment to s. 245(1) in the Public Sector Reform
Act 2010 s. 89 is not included because the section it sought to
amend was deleted by the Fish Resources Management Amendment Act
2009 s. 19.
3 The Fish Resources Management Amendment Act 2002
s. 8(2)-(4) read as follows:
(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 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 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 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 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;
(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 —
(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.
4 The State Administrative Tribunal (Conferral of
Jurisdiction) Amendment and Repeal Act 2004 Pt. 5, the State
Administrative Tribunal Act 2004 s. 167 and 169, and the State
Administrative Tribunal Regulations 2004 r. 28 and 42 deal with
certain transitional issues some of which may be relevant for this
Act.
5 The State Administrative Tribunal Regulations 2004
r. 32 and 50 contain transitional provisions of no further
effect.
6 The Machinery of Government (Miscellaneous
Amendments) Act 2006 Pt. 8 Div. 5 reads as
follows:
Division 5 — Transitional
provisions
242. References to the Executive Director
(1) After commencement, a reference in a written law that is, or is to be
taken to be, to the Executive Director (as defined in the Fish Resources
Management Act 1994 as in force before commencement) is to have effect
as if it had been amended to be a reference to the CEO (as defined in the
Fish Resources Management Act 1994 as in force after
commencement).
(2) Subsection (1) does not apply if a contrary intention appears or
the context otherwise requires.
(3) In this section —
commencement means the time at which section 232 comes
into operation.
7 The requirement to appoint an Executive Director was removed
from the Act and references to the Executive Director were replaced by
references to the CEO, see the Machinery of Government (Miscellaneous
Amendments) Act 2006 Pt. 8 Div. 3. Section 454 of that
Act is a general transitional provision that applies to references to the
Executive Director in written laws.
8 On the date as at which this compilation was prepared, the
Biosecurity and Agriculture Management (Repeal and Consequential Provisions)
Act 2007 s. 89 had not come into operation. It reads as
follows:
89. Fish Resources Management Act 1994 amended
(1) The amendments in this section are to the Fish Resources Management
Act 1994.
(2) Section 4(1) is amended by deleting the definition of
“noxious fish”.
(3) Part 9 is repealed.
(4) Section 193 is amended as follows:
(a) by inserting “or” after paragraph (f);
(b) by deleting paragraph (g) and “or” after
it.
(5) Section 220 is amended as follows:
(a) by inserting “or” after paragraph (b);
(b) by deleting paragraph (c) and “or” after
it;
(c) in paragraph (d) by deleting “, (b) or (c)” and
inserting instead —
“ or (b) ”.
(6) Section 222(1) is amended by inserting after
“regulations” —
“ or the Biosecurity and Agriculture Management
Act 2007 ”.
(7) Section 224(1)(a) is amended by inserting after
“Act” —
“ or the Biosecurity and Agriculture Management
Act 2007 ”.
(8) Section 258(i) is deleted.
9 On the date as at which this compilation was prepared, the
Standardisation of Formatting Act 2010 s. 4 the amendment to
Schedule 1 had not come into operation. It proposes to amend the heading to
Schedule 1. Schedule 1 was deleted by the Fish Resources
Management Amendment Act 2009 s. 20.
10 On the date as at which this compilation was prepared, the
Road Traffic Legislation Amendment Act 2012 Pt. 4 Div. 24 had
not come into operation. It reads as follows:
Division
24 — Fish Resources Management Act 1994
amended
This Division amends the Fish Resources Management
Act 1994.
111. Section 4
amended
In section 4(1) in the definition of vehicle delete
“Road Traffic Act 1974;” and insert:
Road Traffic (Administration) Act 2008
section 4;
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 4(1)
Aboriginal person 4(1)
Abrolhos Islands
reserve 4(1)
Account 238(1), 239(1), 240(1)
affected
person 146
agent 203(1)
alternative area 97B(1)
amending
Act 267
application 135(1)
appointed person 249(1)
aquaculture 4(1),
101A(4)
aquaculture gear 4(1)
aquaculture lease 4(1)
aquaculture
licence 4(1)
aquatic eco-tourism 4(1)
aquatic
resources 4(1)
arrangement 15
Australian fishing
zone 4(1)
authorisation 4(1), 53
authorised area 136A(4)
authorised
person 213(1), 226
bag limit 50(2)
bed 4(1)
biological
threat 177B
boat 4(1)
broodstock 4(1)
bycatch reduction
device 4(1)
category 1 fish 4(1)
category 2 fish 4(1)
category 3
fish 4(1)
category 4 fish 4(1)
CEO 4(1)
coastal
waters 4(1)
commercial fishing 4(1)
commercial fishing
licence 4(1)
commercial purpose 4(1)
commercial
quantity 153
commercially protected fish 4(1)
Commonwealth
Act 4(1)
Commonwealth Minister 15
confidential
information 250(1)
corresponding law 15
current
period 250(4B)(a)
customary fishing 4(1)
Department 4(1)
designated
fishing zone 4(1)
document 4(1)
entitlement 4(1)
exclusive
licence 4(1)
exemption 4(1)
exotic
fish 4(1)
export 4(1)
fish 4(1)
fish aggregating device 4(1)
fish
habitat protection area 4(1)
fish processor’s licence 4(1)
fish
way 254(1)
fisheries 238(6)
fisheries officer 4(1)
fisheries
personnel 246(1)
fishery 4(1), 15
fishing 4(1)
fishing
activities 15
fishing activity 4(1)
fishing boat 4(1)
fishing boat
licence 4(1)
fishing gear 4(1)
fishing industry 238(6)
fishing
tour 4(1), 202A(4)
foreign boat 4(1)
forfeited
entitlement 4(1)
honorary fisheries officer 4(1)
interim managed
fishery 4(1)
interim managed fishery permit 4(1)
interstate
jurisdiction 250(4E)
intervene 103A(1)
Joint Authority 15
Joint
Authority fishery 15
levy 4(1)
licence 4(1)
managed
fishery 4(1)
managed fishery licence 4(1)
management plan 4(1)
marine
management area 4(1)
marine nature reserve 4(1)
marine
park 4(1)
master 4(1)
MEMP 4(1), 92A(1)
noxious fish 4(1)
noxious
substance 4(1)
officer 204(3)
one day 50(1)
organism 177B
original
area 97B(1)
original decision 152(1), 152(2)
peak industry
body 4(1)
pearl oyster 4(1)
permit 4(1)
person in charge of a fishing
tour 202A(4)
place 4(1)
possession 4(1)
possession
limit 51(1)
precautionary principle 4(1)
premises 4(1)
previous
period 250(4B)(b)
principal offender 202(1), 202A(1)
priority
fish 153
private land 4(1)
process 4(1)
protected
fish 4(1)
purchase 4(1)
recognized net fishing
area 171(3)
record 4(1)
recreational fishing 4(1)
recreational fishing
licence 4(1)
recreationally protected
fish 4(1)
register 4(1)
Registrar 4(1)
repealed
Act 4(1)
return 4(1)
section 224 78A(1)
security
holder 4(1)
security
interest 4(1)
sell 4(1)
species 4(1)
specified 4(1)
State 15
take 4(1)
temporary
aquaculture permit 4(1)
this Act 4(1)
totally protected
fish 4(1)
traffic 153
unattached 94(5)
unauthorised
structure 4(1)
unit 4(1)
vary 4(1)
vehicle 4(1)
WA
waters 4(1)
waters 4(1)
waterway 254(1)