Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this Act,
unless the contrary intention appears —
Aboriginal body corporate means —
(a) a
corporation registered under the Corporations (Aboriginal and Torres Strait
Islander) Act 2006 (Commonwealth); or
(b) an
incorporated association under the Associations Incorporation Act 1987
the membership of which is wholly or principally composed of Aboriginal
persons;
Aboriginal person means a member of the Aboriginal
race of Australia;
Abrolhos Islands reserve means Reserve
No. 20253 classified as of Class “A”;
aquaculture means the keeping, breeding, hatching,
culturing or harvesting of fish;
aquaculture gear means any equipment, implement,
device, apparatus or other thing used or designed for use for, or in
connection with, aquaculture —
(a)
whether the gear contains fish or not; and
(b)
whether the gear is used for aquaculture or for navigational lighting or
marking as a part of aquaculture safety,
and includes gear used to delineate the area of an
aquaculture licence, temporary aquaculture permit or aquaculture lease;
aquaculture lease means a lease granted under
section 97;
aquaculture licence means an aquaculture licence
granted under section 92;
aquatic eco-tourism means tourism relating to fish
in their natural environment and includes the viewing or feeding of fish but
does not include the taking of fish;
aquatic resources includes biochemicals, genetic
resources, organisms, populations and other biotic components of an aquatic
ecosystem that are of actual or potential use, or of actual or potential
value, to humanity;
Australian fishing zone has the same meaning as in
the Commonwealth Act;
authorisation means a licence or permit;
bed , in relation to any waters, means the land
permanently or intermittently covered by the waters or the land over which the
waters permanently or intermittently flow;
boat means a vessel, craft or floating platform of
any description that is capable of use in or on water, whether floating or
submersible;
broodstock means fish taken or kept for breeding;
bycatch reduction device means fishing gear
designed or intended to reduce the capture of bycatch;
category 1 fish means any fish of a species
prescribed under section 259 to be category 1 fish;
category 2 fish means any fish of a species
prescribed under section 259 to be category 2 fish;
category 3 fish means any fish of a species
prescribed under section 259 to be category 3 fish;
category 4 fish means any fish of a species
prescribed under section 259 to be category 4 fish;
CEO means the chief executive officer of the
Department;
coastal waters , in relation to the State, has the
same meaning as in the Commonwealth Act;
commercial fishing means fishing for a commercial
purpose;
commercial fishing licence means a licence granted
under the regulations authorising an individual to engage in commercial
fishing;
commercial purpose means the purpose of sale or
any other purpose that is directed to gain or reward;
commercially protected fish means any fish of a
class prescribed under section 45 to be commercially protected fish;
Commonwealth Act means the Fisheries Management
Act 1991 of the Commonwealth;
customary fishing means fishing by an Aboriginal
person that —
(a) is
in accordance with the Aboriginal customary law and tradition of the area
being fished; and
(b) is
for the purpose of satisfying personal, domestic, ceremonial, educational or
non-commercial communal needs;
Department means the department of the Public
Service principally assisting the Minister in the administration of this Act;
designated fishing zone means an area prescribed
under section 109 to be a designated fishing zone;
document includes any tape, disc or other device
or medium on which information is recorded or stored mechanically,
photographically, electronically or otherwise;
entitlement means an entitlement that a person has
from time to time under a managed fishery licence or an interim managed
fishery permit;
exclusive licence means an exclusive licence
granted under section 251;
exemption means an exemption granted under
section 7;
exotic fish means fish of a species that is not
native to WA waters;
export , from the State, means to export from the
State —
(a)
whether interstate or overseas; and
(b)
whether for a commercial or other purpose;
fish means an aquatic organism of any species
(whether alive or dead) and includes —
(a) the
eggs, spat, spawn, seeds, spores, fry, larva or other source of reproduction
or offspring of an aquatic organism; and
(b) a
part only of an aquatic organism (including the shell or tail); and
(c) live
rock and live sand,
but does not include aquatic mammals, aquatic
reptiles, aquatic birds, amphibians or (except in relation to Part 3 and
Division 1 of Part 11) pearl oysters;
fish aggregating device includes an artificial
reef or other man-made structure that is used or intended to be used for, or
is made or adapted for use for, attracting fish or increasing fish production;
fish habitat protection area means an area set
aside under section 115 as a fish habitat protection area;
fish processor’s licence means a fish
processor’s licence granted under section 83;
fisheries officer means a fisheries officer
referred to in section 11;
fishery means —
(a) one
or more stocks or parts of stocks of fish that can be treated as a unit for
the purposes of conservation or management; and
(b) a
class of fishing activities in respect of those stocks or parts of stocks of
fish;
fishing or fishing activity means any of the
following —
(a)
searching for fish;
(b)
attempting to take fish;
(c)
taking fish;
(d)
engaging in any other activity that can reasonably be expected to result in
the taking of fish;
fishing boat means a boat that is used for
commercial fishing;
fishing boat licence means a licence granted under
the regulations authorising a person to use a boat for commercial fishing;
fishing gear means any equipment, implement,
device, apparatus or other thing used or designed for use for, or in
connection with, fishing;
fishing tour means a tour a central purpose of
which is to provide an opportunity for recreational fishing and may include
the provision of fishing guidance, fishing gear, accommodation or transport;
foreign boat has the same meaning as in the
Commonwealth Act;
forfeited entitlement means the amount by which an
entitlement is reduced under section 76;
honorary fisheries officer means an honorary
fisheries officer appointed under section 179;
interim managed fishery means a fishery declared
by a management plan to be an interim managed fishery;
interim managed fishery permit , in relation to an
interim managed fishery, means —
(a) a
permit granted under section 66 in respect of that fishery; or
(b) a
permit that is taken under section 78A(3) to have been granted under
section 66 in respect of that fishery;
levy means a levy imposed under the
Fishing Industry Promotion Training and Management Levy Act 1994 ;
licence means any of the following —
(a) an
aquaculture licence;
(b) a
commercial fishing licence;
(c) a
fishing boat licence;
(d) a
fish processor’s licence;
(e) a
managed fishery licence;
(f) a
recreational fishing licence;
(g) any
other licence provided for in the regulations;
managed fishery means a fishery declared by a
management plan to be a managed fishery;
managed fishery licence , in relation to a managed
fishery, means —
(a) a
licence granted under section 66 in respect of that fishery; or
(b) a
licence that is taken under section 78A(3) to have been granted under
section 66 in respect of that fishery;
management plan , in relation to a fishery, means
a management plan determined for that fishery under section 54;
marine management area has the same meaning as in
the Conservation and Land Management Act 1984 ;
marine nature reserve has the same meaning as in
the Conservation and Land Management Act 1984 ;
marine park has the same meaning as in the
Conservation and Land Management Act 1984 ;
master , in relation to a boat, means the person
for the time being having the command, charge or management of the boat;
MEMP , for an aquaculture licence, means a
management and environmental monitoring plan prepared under section 92A
in relation to the activity authorised under the licence;
noxious fish means any live fish of a species
prescribed under section 103 to be noxious fish;
noxious substance means any substance that may be
harmful to fish;
peak industry body means such body (whether
incorporated or not) as is prescribed for the purposes of this definition;
pearl oyster has the same meaning as in
section 3(1) of the Pearling Act 1990 ;
permit means —
(a) an
interim managed fishery permit; or
(b) a
permit granted under section 80;
place means any land, building, structure (whether
permanent or temporary), tent, boat, aircraft or vehicle or any part of any
land, building, structure, tent, boat, aircraft or vehicle;
possession includes having under control in any
place, whether for the use or benefit of the person in relation to whom the
term is used or another person, and whether or not another person has the
actual possession or custody of the thing in question;
precautionary principle means the principle set
out in section 4A;
premises includes part of any premises but does
not include —
(a) an
unauthorised structure; or
(b) a
caravan that is not in an area registered as a caravan park by a local
government or regional local government;
private land means any land that —
(a) is
alienated from the Crown for any estate of freehold; or
(b) is
the subject of a conditional purchase agreement, or of any lease or concession
with or without a right of acquiring the fee simple in that land;
process means cut up, break up, shell, skin,
shuck, fillet, cook, void, purge, pack, chill, freeze, can, preserve, or
otherwise treat any fish and, in relation to fish of a prescribed class,
includes hold or consign the fish live for export;
protected fish means —
(a)
totally protected fish; or
(b)
commercially protected fish; or
(c)
recreationally protected fish;
purchase includes each of the
following —
(a) to
take in exchange;
(b) to
agree or offer to take in exchange;
(c) to
receive, accept or take delivery under an agreement to take in exchange;
(d) to
attempt to purchase,
but does not include to conduct a prescribed
transaction, or a transaction in a prescribed class of transactions, if the
transaction is conducted by an Aboriginal person;
record includes any document, whether or not it
has been completed;
recreational fishing means fishing other than
commercial fishing or customary fishing;
recreational fishing licence means a licence
granted under the regulations authorising an individual to engage in
recreational fishing;
recreationally protected fish means any fish of a
class prescribed under section 45 to be recreationally protected fish;
register means the register kept under
section 125;
Registrar means the Registrar referred to in
section 124;
repealed Act means the Fisheries Act 1905 ;
return means a return that is required under this
Act to be submitted to or lodged with the CEO;
security holder , in relation to an authorisation
or aquaculture lease, means a person noted on the register as having a
security interest in the authorisation or aquaculture lease;
security interest , in relation to an
authorisation or aquaculture lease, means an interest in the authorisation or
aquaculture lease (however arising) which secures payment of a debt or other
pecuniary obligation or the performance of any other obligation;
sell includes each of the following —
(a) to
auction;
(b) to
put out to tender;
(c) to
barter or exchange;
(d) to
supply for profit;
(e) to
offer for sale;
(f) to
receive or possess for sale;
(g) to
expose for sale;
(h) to
consign or deliver for sale;
(i)
to dispose of by way of raffle, lottery or other game of
chance,
but does not include to conduct a prescribed
transaction, or a transaction in a prescribed class of transactions, if the
transaction is conducted by an Aboriginal person;
species includes subspecies, hybrid or variant;
specified , in relation to a regulation,
management plan, order, notice or other instrument, means specified in the
regulation, management plan, order, notice or other instrument (as the case
may be);
take , in relation to fish, includes catch,
capture, entrap, enclose, gather, remove, poison, stun, kill or destroy fish
by any means;
temporary aquaculture permit means a temporary
aquaculture permit granted under section 97B(1);
this Act includes regulations, orders and
management plans made or determined under this Act;
totally protected fish means any fish of a class
prescribed under section 45 to be totally protected fish;
unauthorised structure means any hut, shack or
other structure on land other than private land the erection of which has not
been authorised under a written law;
unit , in relation to an entitlement, means a unit
as defined from time to time in the relevant management plan;
vary , in relation to an authorisation, means to
vary anything in the authorisation and includes to substitute any boat, place
or other thing in respect of which the authorisation is granted;
vehicle has the same meaning as in the
Road Traffic Act 1974 ;
waters includes —
(a) the
bed or subsoil, if any, under any waters; and
(b) the
airspace above any waters;
WA waters has the meaning given by section 5.
(2) A class of fishing
activities or a fishery may be defined in an order, management plan,
regulation, arrangement, notice, authorisation or other instrument by
reference to all or any of the following —
(a) a
species or type of fish;
(b) a
description of fish by reference to sex, weight, size, reproductive cycle or
any other characteristic;
(c) an
area of land or waters;
(d) a
method of fishing;
(e) a
type of fishing gear;
(f) a
class of boats, vehicles or aircraft;
(g) a
class of persons;
(h) a
purpose of activities.
[Section 4 amended by No. 14 of 1996
s. 4; No. 5 of 1997 s. 46; No. 41 of 2000 s. 5;
No. 2 of 2002 s. 5; No. 74 of 2003 s. 56(2); No. 55 of 2004
s. 381; No. 28 of 2006 s. 232; No. 43 of 2011 s. 6.]