Western Australian Consolidated Acts

PEARLING ACT 1990 - SECT 3

3 .         Interpretation

        (1)         In this Act, unless the contrary intention appears —

        Australian fishing zone has the same meaning as in the Commonwealth Fisheries Act;

        boat includes every type of floating vessel or platform;

        CEO means the chief executive officer of the Department;

        Committee means Pearling Industry Advisory Committee established under section 38(1);

        Commonwealth Fisheries Act means the Fisheries Management Act 1991 of the Commonwealth;

        Department has the meaning given by section 4(1) of the Fish Resources Management Act 1994 ;

        farm lease means pearl oyster farm lease issued under section 23(1);

        Fisheries Research and Development Account means account referred to in section 238 of the Fish Resources Management Act 1994 ;

        foreign boat has the same meaning as it has in the Commonwealth Fisheries Act;

        hatchery activities means all or any of the following activities —

            (a)         taking, or attempting to take, pearl oyster spat;

            (b)         taking, or attempting to take, pearl oysters for breeding stock;

            (c)         producing stocks of pearl oysters by acclimatisation, propagation, hatching, breeding, rearing or raising, or attempting to do so; or

            (d)         moving, dumping, holding, storing or transporting pearl oysters or pearl oyster spat for the purposes of paragraph (a), (b) or (c),

        and a reference to a hatchery activity is a reference to one of those activities;

        hatchery licence means pearl oyster hatchery licence issued under section 23(1);

        hatchery permit means pearl oyster hatchery permit issued under section 23(1);

        inspector means inspector referred to in section 35(1) or (2);

        licence means pearling licence, hatchery licence, pearl diver’s licence, pearl boat licence or pearl boat master’s licence;

        master means person who holds a pearl boat master’s licence;

        pearl includes natural or cultured, whole, half, baroque, seedless or blister pearl;

        pearl boat licence means pearl boat licence issued under section 23(1);

        pearl boat master’s licence means pearl boat master’s licence issued under section 23(1);

        pearl culture techniques includes any technique or practice used to produce, or encourage the production of, pearls from pearl oysters;

        pearl diver’s licence means pearl diver’s licence issued under section 23(1);

        pearl oyster means pearl oyster of any of those species of pearl oysters declared under section 6 to be pearl oysters to which this Act applies and includes the shell of the pearl oyster and any pearl contained in that shell;

        pearl oyster farm means area specified as a pearl oyster farm in a farm lease;

        pearling means all or any of the following activities —

            (a)         taking, or attempting to take, pearl oysters;

            (b)         removing, or attempting to remove, pearls from pearl oysters;

            (c)         moving, dumping, holding, storing or transporting pearl oysters; or

            (d)         practising, or attempting to practise, pearl culture techniques,

        and a reference to a pearling activity is a reference to one of those activities;

        pearling licence means pearling licence issued under section 23(1);

        pearling permit means pearling permit issued under section 23(1);

        permit means pearling permit or hatchery permit;

        quota means maximum number of pearl oysters that may be taken, or produced and used, or sold as breeding stock or for pearl culture techniques, under a licence or permit during the period of time specified in the licence or permit;

        sale , without derogating from the normal meaning of the expression, includes sale by retail or wholesale, barter, exchange, supply for profit, offer or expose for sale, send, forward or deliver for sale or cause or suffer or permit to be sold;

        the regulations means regulations made under section 60;

        waters or Western Australian waters means waters referred to in subsection (2);

        zone means area of waters declared to be a zone by notice under section 5.

        (2)         Where in this Act there is a reference to Western Australian waters or to waters generally, that reference —

            (a)         is a reference to all waters that are within the limits of the State;

            (b)         except for purposes in relation to a pearl oyster fishery that is to be managed in accordance with the law of the Commonwealth pursuant to an arrangement under Part IIA of the Fisheries Act 1905 ² and except for purposes prescribed by paragraph (d), is a reference to any waters of the sea not within the limits of the State that are on the landward side of waters adjacent to the State that are in the Australian fishing zone;

            (c)         for purposes in relation to a pearl oyster fishery, as defined in section 43, that is to be managed in accordance with the law of the State pursuant to an arrangement under Part IIA of the Fisheries Act 1905 ² , is a reference to any waters to which the legislative powers of the State extend, with respect to that fishery, whether pursuant to section 5 of the Coastal Waters (State Powers) Act 1980 of the Commonwealth or otherwise; and

            (d)         for purposes relating to recreational fishing, within the meaning of the Commonwealth Fisheries Act, other than recreational fishing —

                  (i)         carried on by the use of a foreign boat; or

                  (ii)         prohibited or regulated by a plan of management determined under section 17 of the Commonwealth Fisheries Act,

                is a reference to any waters to which the legislative powers of the State extend with respect to such fishing.

        [Section 3 amended by No. 23 of 1994 s. 4; No. 28 of 2006 s. 238; No. 77 of 2006 s. 17.]