Western Australian Consolidated Acts

FISH RESOURCES MANAGEMENT ACT 1994 - SECT 100A

100A .         Contravening lease, offences

        (1)         The holder of an aquaculture lease commits an offence if the lease holder contravenes a condition of the lease.

        (2)         The holder of an aquaculture licence in respect of the leased area under an aquaculture lease commits an offence if the licence holder does an act or makes an omission that would have constituted a contravention of a condition of the lease if the act or omission had been done or made by the lease holder.

        (3)         If an aquaculture licence is held by 2 or more persons and any of those persons commits an offence under subsection (2), each of those persons is taken to have committed the offence.

        (4)         If the holder of an aquaculture licence in respect of the leased area under an aquaculture lease commits or is taken to have committed an offence under subsection (2) or (3), the lease holder is taken to have also committed the offence.

        (5)         If —

            (a)         an aquaculture lease is held by 2 or more persons; and

            (b)         an offence is committed or is taken to have been committed under subsection (1), (2), (3) or (4) in respect of the lease,

                each of the persons referred to in paragraph (a) is taken to have committed the offence.

        (6)         The penalty for an offence committed under subsection (1) or (2) or arising under subsection (3), (4) or (5) is —

            (a)         if the offender is an individual —

                  (i)         for a first offence, a fine of $5 000; and

                  (ii)         for a second or subsequent offence, a fine of $10 000;

                or

            (b)         if the offender is a body corporate —

                  (i)         for a first offence, a fine of $10 000; and

                  (ii)         for a second or subsequent offence, a fine of $20 000.

        (7)         If a person is charged with an offence arising under subsection (3), (4) or (5), it is a defence to prove that —

            (a)         the act or omission that was or would have been a contravention of a condition of the aquaculture lease was done or made without the consent or connivance of the person; and

            (b)         the person took all reasonable measures to prevent the act or omission being done or made.

        (8)         A person may be charged with and convicted of an offence arising under subsection (3), (4) or (5) whether or not another person has been charged with or convicted of an offence under subsection (1) or (2) or arising under subsection (3), (4) or (5).

        [Section 100A inserted by No. 43 of 2011 s. 36.]