Western Australian Consolidated Acts

FISH RESOURCES MANAGEMENT ACT 1994 - SECT 146A

146A .         Death of individual who holds authorisation

        (1)         This section applies in relation to an authorisation other than a commercial or recreational fishing licence.

        (2)         On the death of an individual who, immediately before death, held an authorisation exclusively or as a tenant in common, the authorisation or the deceased’s share in the authorisation (as the case requires) is taken to be held by the deceased’s personal representative.

        (3)         On the death of an individual who, immediately before death, held an authorisation as a joint tenant, the authorisation is taken to be held by the surviving joint tenants.

        (4)         A transfer made or purportedly made under section 140 in respect of an authorisation, or a share in an authorisation, held by an individual who died before the commencement of the Fish Resources Management Amendment Act 2011 section 51 is, and is taken always to have been, as valid as it would have been if the amendments effected by that section had been in effect at the time of the individual’s death.

        [Section 146A inserted by No. 43 of 2011 s. 51.]

        [Heading inserted by No. 55 of 2004 s. 382.]

[Division heading deleted by No. 74 of 2003 s. 56(5).]