Western Australian Consolidated Acts Western Australian Consolidated Acts (1) The annual fee in
respect of —
(a) a
farm lease, pearling licence, hatchery licence or permit shall be of the
amount, or calculated in the manner, declared by the Minister in respect of
the farm lease, pearling licence, hatchery licence or permit for the year in
question by notice published in the Gazette ; or
(b) a
pearl diver’s licence, pearl boat licence or pearl boat master’s
licence shall be such fee, if any, as is prescribed.
(2) If a person who
holds a farm lease, licence or permit does not pay the annual fee referred to
in subsection (1) in respect of the renewal of each farm lease, licence
or permit held by that person within 28 days of receiving notice in
writing from the CEO that that annual fee is due to be paid for the relevant
year, or such longer period of time as the CEO allows in writing, then the
farm lease, licence or permit in respect of which that annual fee is not paid
is cancelled by virtue of this section.
(3) The Minister may,
in the notice referred to in subsection (1)(a), provide for the annual
fee to be paid in respect of a permit to vary in accordance with the purpose
for which the activities under the permit are to be carried out.
(4) A farm lease,
licence or permit shall not be renewed as of right on payment of the annual
fee and, if the CEO thinks it would be in the better interests of the pearling
industry to do so, the CEO may refuse to renew a farm lease, licence or
permit.
(5) Where the CEO
refuses to renew a farm lease, licence or permit on payment of the annual fee,
the CEO shall, in writing, inform the person who held the farm lease, licence
or permit of that refusal and the reasons for it.
(6) The CEO shall, if
he or she refuses to renew a farm lease, licence or permit, cause the annual
fee paid in respect of the renewal so refused to be refunded to the person who
paid that annual fee.
(7) The annual fees
payable under this section in respect of —
(a) farm
leases and licences (other than pearling licences and hatchery licences) shall
be credited to the Consolidated Account; or
(b)
pearling licences, hatchery licences and permits shall be credited to the
Fisheries Research and Development Account.
(8) If regulations
made under section 60 provide that the payment of an annual fee may be
made by instalments, a reference in this section, other than
subsections (1) and (3), to the annual fee shall be taken to include a
reference to the appropriate instalment or instalments of the annual fee.
[Section 27 amended by No. 6 of 1993
s. 11; No. 49 of 1996 s. 64; No. 55 of 1998 s. 5;
No. 28 of 2006 s. 241; No. 77 of 2006 s. 4 and 17.]