Western Australian Consolidated Acts Western Australian Consolidated Acts[s. 266]
[Heading amended by No. 19 of 2010 s. 4;
No. 43 of 2011 s. 78.]
1 .
Interpretation Act 1984 not affected
Nothing in this
Schedule limits the operation of the Interpretation Act 1984 .
The person holding
office as Director of Fisheries immediately before the commencement of this
Act is, on the commencement of this Act, to be taken to have been
appointed as the Executive Director on the same terms and conditions as those
on which he or she was appointed before the commencement.
A person who
immediately before the commencement of this Act was an inspector of
fisheries is, on the commencement of this Act, to be taken to have been
appointed as a fisheries officer on the same terms and conditions as those on
which he or she was appointed before the commencement.
A person who
immediately before the commencement of this Act was an honorary inspector
of fisheries appointed under the repealed Act ceases, on the commencement of
this Act, to hold that office, but is eligible for appointment as an honorary
fisheries officer under this Act.
5 .
Fisheries Research and Development Fund
Any moneys credited to
the Fisheries Research and Development Fund immediately before the
commencement of this Act continue, on the commencement of this Act, to be
credited to that Fund.
[ 6. Deleted by No. 37 of 2009 s. 21.]
An arrangement made
under Part IIA of the repealed Act and in force immediately before the
commencement of this Act continues in force, on the commencement of this
Act, as if the arrangement had been made under Part 3 of this Act.
8 .
Limited entry fishery taken to be managed fishery
A fishery that was,
immediately before the commencement of this Act, a limited entry fishery under
section 32 of the repealed Act is, on the commencement of this Act,
taken to be a managed fishery.
9 .
Limited entry fishery notice taken to be
management plan
(1) A notice under
section 32 of the repealed Act in force immediately before the
commencement of this Act continues to have effect, on the commencement of
this Act, and may be amended or repealed, as if the notice were a management
plan determined under section 54 and as if a reference in the
notice —
(a) to a
limited entry fishery were a reference to a managed fishery;
(b) to a
licence, or an endorsement on a licence, in respect of the limited entry
fishery were a reference to a managed fishery licence;
(c) to
the repealed Act or a provision of the repealed Act were a reference
to this Act or to the corresponding provision of this Act;
(d) to
the Director were a reference to the Executive Director.
(2) Until an advisory
committee or a person is specified in the management plan as required under
section 65 the Minister is to consult with such advisory committee or
person as the Minister thinks fit before amending the plan and the procedure
in that section is to be taken to have been satisfied by the
consultation.
(3) The consultation
referred to in clause (2) may take place before the commencement of this Act.
10 .
Limited entry fishery licence continued in force
(1) A licence or
endorsement in force under the repealed Act immediately before the
commencement of this Act authorising a person to engage in any fishing
activity, or to operate or use any boat, in a limited entry fishery continues
in force on the commencement of this Act as if it were a managed fishery
licence granted under section 66 and as if a reference in the licence or
endorsement —
(a) to
the repealed Act or a provision of that Act were a reference to this
Act or the corresponding provision of this Act; and
(b) to a
limited entry fishery were a reference to a managed fishery.
(2) An entitlement
under any licence or endorsement referred to in subclause (1) continues
in force on the commencement of this Act as if it were an entitlement
under a managed fishery licence.
11 .
Permit to establish processing establishment
continued in force
A permit granted under
section 35C of the repealed Act and in force immediately before the
commencement of this Act continues in force on the commencement of this
Act as if it were a permit granted under section 80 and as if a
reference in that permit to the repealed Act or a provision of that
Act were a reference to this Act or the corresponding provision of
this Act.
12 .
Processor’s licence continued in force
A processor’s
licence granted under section 35CA of the repealed Act and in force
immediately before the commencement of this Act continues in force on the
commencement of this Act as if it were a fish processor’s licence
granted under section 83 and as if a reference in that licence to the
repealed Act or a provision of that Act were a reference to this
Act or the corresponding provision of this Act.
13 . Fish farm licence continued in force
A licence granted
under section 39C of the repealed Act and in force immediately
before the commencement of this Act continues in force on the
commencement of this Act as if it were an aquaculture licence granted
under section 92 and as if a reference in that licence —
(a) to
the repealed Act or a provision of that Act were a reference to this
Act or the corresponding provision of this Act;
(b) to
the Director were a reference to the Executive Director.
14 .
Proclaimed fishing zones continued in force
(1) A portion of the
State that was immediately before the commencement of this Act declared
to be a proclaimed fishing zone under section 12A of the repealed
Act is, on the commencement of this Act, taken to be a designated fishing
zone as if it had been prescribed to be a designated fishing zone under the
regulations.
(2) If the portion of
the State referred to in subclause (1) was declared to be a proclaimed
fishing zone only during a specified period it must taken, on the commencement
of this Act, to have been prescribed to be a designated fishing zone during
the same period.
(3)
Subclauses (1) and (2) do not apply to a portion of the State if the
portion of the State is, on the commencement of this Act, already prescribed
under the regulations to be a designated fishing zone.
15 .
Fishing boat licence continued in force
A fishing boat licence
in force under the repealed Act immediately before the commencement of
this Act authorising a person to use a boat for or in connection with the
taking of fish for sale or otherwise for gain or reward, continues in force on
the commencement of this Act as if it were a fishing boat licence granted
under the regulations.
16 .
Carrier boat licence continued in force
A carrier boat licence
in force under the repealed Act immediately before the commencement of
this Act authorising a person to use a carrier boat, continues in force
on the commencement of this Act as if it were the corresponding licence
granted under the regulations.
17 .
Professional fisherman’s licence continued
in force
A professional
fisherman’s licence in force under the repealed Act immediately before
the commencement of this Act, continues in force on the commencement of this
Act as if it were a commercial fishing licence granted under the
regulations.
18 .
Recreational fishing licence continued in force
A recreational fishing
licence in force under the repealed Act immediately before the commencement of
this Act, continues in force on the commencement of this Act as if it
were a recreational fishing licence granted under the regulations.
The regulations may
provide for any matter if —
(a) this
Schedule does not make provision or sufficient provision in respect of the
matter; and
(b) it
is necessary or convenient to do so to facilitate the transition from the
provisions of the repealed Act to the provisions of this Act.
