Fish Resources Management Act 1994 (WA)

Western Australia

Western Australia

Fish Resources Management Act 1994

An Act relating to the management of fish resources, including the development and management of fisheries and aquaculture and the conservation of fish and other aquatic resources and their habitats, and for related purposes.

[Long title inserted: No. 43 of 2011 s. 4.]

This Act may be cited as the Fish Resources Management Act 1994.

This Act comes into operation on such day as is fixed by proclamation.

• (1)

  The objects of this Act are —

  • (a)

    to develop and manage fisheries and aquaculture in a sustainable way; and

  • (b)

    to share and conserve the State’s fish and other aquatic resources and their habitats for the benefit of present and future generations.

• (2)

  Those objects will be achieved by these means in particular —

  • (a)

    conserving fish and protecting their environment;

  • (b)

    ensuring that the impact of fishing and aquaculture on aquatic fauna and their habitats is ecologically sustainable and that the use of all aquatic resources is carried out in a sustainable manner;

  • (c)

    enabling the management of fishing, aquaculture, tourism that is reliant on fishing, aquatic eco‑tourism and associated non‑extractive activities that are reliant on fish and the aquatic environment;

  • (d)

    fostering the sustainable development of commercial and recreational fishing and aquaculture, including the establishment and management of aquaculture facilities for community or commercial purposes;

  • (e)

    achieving the optimum economic, social and other benefits from the use of fish resources;

  • (f)

    enabling the allocation of fish resources between users of those resources, their reallocation between users from time to time and the management of users in relation to their respective allocations;

  • (g)

    providing for the control of foreign interests in fishing, aquaculture and associated industries;

  • (h)

    enabling the management of fish habitat protection areas and the Abrolhos Islands reserve.

[Section 3 inserted: No. 43 of 2011 s. 5.]

In the performance or exercise of a function or power under this Act, lack of full scientific certainty must not be used as a reason for postponing cost‑effective measures to ensure the sustainability of fish stocks or the aquatic environment.

[Section 4A inserted: No. 43 of 2011 s. 5.]

• (1)

  In this Act, unless the contrary intention appears —

Aboriginal body corporate means —

• (a)

  a corporation registered under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Commonwealth); or

• (b)

  an incorporated association under the Associations Incorporation Act 2015 the membership of which is wholly or principally composed of Aboriginal persons;

Aboriginal person means a member of the Aboriginal race of Australia;

Abrolhos Islands reserve means Reserve No. 20253 classified as of Class “A”;

aquaculture means the keeping, breeding, hatching, culturing or harvesting of fish;

aquaculture gear means any equipment, implement, device, apparatus or other thing used or designed for use for,…