Western Australian Consolidated Acts

PEARLING ACT 1990 - SCHEDULE 3

[s. 64]

        [Heading amended by No. 19 of 2010 s. 4.]

1 .         Interpretation in Schedule 3

                In this Schedule —

        the repealed Act means the Act repealed by section 63;

        the repeal time means the commencement of section 63.

2 .         Ship licences

                A ship licence issued under the repealed Act and in force immediately before the repeal time shall be deemed to be a pearl boat licence for the purposes of this Act and, subject to this Act, shall continue in force until the day on which the term of that ship licence would have expired under the repealed Act.

3 .         Divers’ licences

                A diver’s licence issued under the repealed Act and in force immediately before the repeal time shall be deemed to be a pearl diver’s licence for the purposes of this Act and, subject to this Act, shall continue in force until the day on which the term of that diver’s licence would have expired under the repealed Act.

4 .         Exclusive licences

        (1)         The CEO shall, before the repeal time, consider the rights conferred by the repealed Act on the holder of each exclusive licence issued under the repealed Act and in force immediately before the repeal time and determine whether that exclusive licence should be deemed to be a pearling licence or hatchery licence or both and shall, at or immediately after the repeal time, serve notice of that determination on that holder.

        (2)         On the service under subclause (1) of notice of a determination on the holder of an exclusive licence referred to in that subclause, that exclusive licence shall —

            (a)         be deemed to be a pearling licence or hatchery licence or both in accordance with the determination; and

            (b)         subject to this Act, continue in force until the day on which the term of that exclusive licence would have expired under the repealed Act.

        (3)         The area defined under section 35 of the repealed Act in an exclusive licence issued under the repealed Act shall be deemed to be a pearl oyster farm for the purposes of this Act and, subject to this Act, shall continue in force until the day on which the term of that exclusive licence would have expired under the repealed Act, and, in relation to the pearl oyster farm, that exclusive licence shall operate as a farm lease.

        (4)         Subclause (3) applies notwithstanding that an area defined under section 35 of the repealed Act in an exclusive licence issued under the repealed Act exceeds 4 square nautical miles.

        [Clause 4 amended by No. 28 of 2006 s. 241.]

5 .         Renewal of pearling licences or hatchery licences held at commencement of Act

                Notwithstanding section 24, the CEO shall not have regard to any policy statement issued by the Minister under section 24 in exercising the powers conferred on him under section 27(4) with respect to the renewal by a person of a pearling licence, hatchery licence or pearl boat licence held by the person at the repeal time.

        [Clause 5 amended by No. 28 of 2006 s. 241.]

6 .         Quota imposed before arrangement

        (1)         Where a person who held a licence that was in force immediately before the commencement of an arrangement was authorised at that time under the Continental Shelf (Living Natural Resources) Act 1968  ⁴ of the Commonwealth to take pearl oysters on a condition imposed in respect of waters managed after that commencement in accordance with the law of the State under that arrangement, that condition shall be deemed to be a condition imposed on the licence, or licences, that the person holds, or is deemed to hold, under clause 4(2) until, subject to this Act, the period of time specified as part of that condition elapses.

        (2)         A condition imposed under the Commonwealth Act referred to in subclause (1) in respect of any period of time during the 3 years immediately before the commencement of an arrangement shall be deemed to be a condition in respect of the quota of pearl oysters that may be taken under a licence or permit for the purposes of section 8(5) of this Act.

        (3)         In this clause —

        arrangement means arrangement made under Part IIA of the Fisheries Act 1905 ² for the management of a pearl oyster fishery (as defined in section 43 of this Act) in accordance with the law of the State;

        condition means condition that no more than a certain number of pearl oysters are to be taken during a specified period of time;

        licence means exclusive licence issued under the repealed Act or pearling licence or hatchery licence issued under this Act.