Western Australian Consolidated Acts Western Australian Consolidated Acts (1) If a person
applies to the CEO for the grant of an aquaculture licence and the CEO is
satisfied of all of the following —
(a) the
person is a fit and proper person to hold such a licence;
(ba) the
person has, or will have, appropriate tenure over the land or waters on or in
which the activities under the licence are to be conducted;
(b) it
is in the better interests of the State and the community to grant the
licence;
(c) the
activities to be conducted under the licence are unlikely to adversely affect
other fish or the aquatic environment;
(d) the
activities to be conducted under the licence have been approved by other
relevant authorities;
(e) any
other matters prescribed for the purposes of this subsection,
the CEO may grant to
the person an aquaculture licence.
(2) The licence may
authorise the person, or persons acting on that person’s behalf, to
engage in an activity referred to in section 90.
(3) The CEO may seek
the advice of such authority or authorities as the CEO thinks fit in order to
determine whether or not subsection (1)(c) is satisfied.
(4) An aquaculture
licence must not be issued in relation to —
(a) an
area of a marine nature reserve; or
(b) an
area of a marine park from which aquaculture is excluded under
section 13B of the Conservation and Land Management Act 1984 .
(5) An aquaculture
licence must not be issued in relation to —
(a) an
area of a marine park other than one from which aquaculture is excluded under
section 13B of the Conservation and Land Management Act 1984 ; or
(b) an
area of a marine management area,
unless the Minister to
whom the administration of the Conservation and Land Management Act 1984
is for the time being committed by the Governor approves the granting of the
licence.
(6)
Subsections (4) and (5) do not affect the validity of —
(a) a
licence issued before the commencement of section 50 of the Acts
Amendment (Marine Reserves) Act 1997 1 ; or
(b) a
licence issued in relation to an area which is affected, after the issue of
the licence, by a reservation under section 13 of the
Conservation and Land Management Act 1984 , or by a notice under
section 62 of that Act.
(7) In accordance with
the Personal Property Securities Act 2009 (Commonwealth) section 10
the definition of licence paragraph (d), an aquaculture licence granted
under subsection (1) is declared not to be personal property for the
purposes of that Act.
[Section 92 amended by No. 5 of 1997
s. 50; No. 28 of 2006 s. 236(1); No. 43 of 2011
s. 32; No. 42 of 2011 s. 76.]