Western Australian Consolidated Acts Western Australian Consolidated Acts (1) The CEO may issue
a —
(a)
pearl oyster farm lease;
(b)
pearling licence;
(c)
pearl oyster hatchery licence;
(d)
pearl diver’s licence;
(e)
pearl boat licence;
(f)
pearl boat master’s licence;
(g)
pearling permit; and
(h)
pearl oyster hatchery permit,
in such form as is
approved by the CEO, on payment of the appropriate annual fee or, if
applicable, the first instalment of the appropriate annual fee, referred to in
section 27(1).
(2A) In accordance
with the Personal Property Securities Act 2009 (Commonwealth)
section 10 the definition of licence paragraph (d), the following
rights, entitlements or authorities are declared not to be personal property
for purposes of that Act —
(a) a
pearl oyster farm lease issued under subsection (1)(a);
(b) a
pearling licence issued under subsection (1)(b);
(c) a
pearl oyster hatchery licence issued under subsection (1)(c);
(d) a
pearling permit issued under subsection (1)(g);
(e) a
pearl oyster hatchery permit issued under subsection (1)(h).
(2) The CEO shall not
issue a farm lease unless satisfied that the applicant holds —
(a) a
hatchery licence; or
(b) a
pearling licence authorising the holder to carry out pearl culture techniques.
(3) The total area of
a pearl oyster farm shall not exceed 4 square nautical miles.
(4) A pearl
diver’s licence or a pearl boat master’s licence shall be issued
only to a natural person.
(5) The CEO may
issue —
(a) a
pearling permit to carry out any pearling activity;
(b) a
hatchery permit to carry out any hatchery activity,
if satisfied that the
activities to be carried out under the permit are for —
(c) the
purpose of research or investigation; or
(d) any
other purpose prescribed for the purposes of this section.
(6) A farm lease,
licence or permit shall not be issued as of right and, if the CEO thinks it
would be in the better interests of the pearling industry to do so, the CEO
may refuse to issue a farm lease, licence or permit.
(7) Where the CEO
refuses to issue a farm lease, licence or permit, the CEO shall, in writing,
inform the applicant of the refusal and the reasons for it.
(8) The CEO shall
cause to be published in the Gazette a notice of any decision made under this
section granting an application for the issue of a farm lease, pearling
licence or hatchery licence and shall in that notice draw attention to the
right of review set out in section 33.
[Section 23 amended by No. 55 of 1998
s. 4; No. 55 of 2004 s. 903; No. 28 of 2006 s. 241;
No. 42 of 2011 s. 78.]