Fish Resources Management Amendment Act 2009 (WA)

Western Australia

Fish Resources Management Amendment

Act 2009

Western Australia

Fish Resources Management Amendment

Act 2009

CONTENTS

1.	Short title	2
2.	Commencement	2
3.	Act amended	2
4.	Section 15 amended	2
5.	Section 23 amended	2
6.	Section 24A inserted	3

24A.

Application of Commonwealth law to limits

of State in accordance with arrangements

7.	Section 24 amended	3
8.	Section 25 amended	4
9.	Part 3 Division 4 inserted	4
Division 4 — Arrangements with other States and

Territories

29A.

Arrangements with other States and

Territories

29B.

Functions

10.	Part 4 Divisions 1 to 3 deleted	5
11.	Section 41 amended	5
12.	Section 42 amended	6
13.	Part 4 Division 6 inserted	6
Division 6 — Operation of committees

43A.

Regulations relating to the operation of

committees

14.	Section 62 amended	7
15.	Section 78A inserted	7

78A.

Regulations relating to cancellations under

section 224

16.

Section 140 amended

Fish Resources Management Amendment Act 2009

Contents

17.	Section 202A amended	8
18.	Section 224 amended	8
19.	Section 245 deleted	9
20.	Schedule 1 deleted	9
21.	Schedule 3 amended	9

Western Australia

Fish Resources Management Amendment

Act 2009

No. 37 of 2009

An Act to amend the Fish Resources Management Act 1994.

[Assented to 3 December 2009]

The Parliament of Western Australia enacts as follows:

Fish Resources Management Amendment Act 2009

s. 1

1. Short title

This is the Fish Resources Management Amendment Act 2009.

2. Commencement

This Act comes into operation as follows —

(a)	sections 1 and 2 — on the day on which this Act receives the Royal Assent;
(b)	the rest of the Act — on a day fixed by proclamation, and different days may be fixed for different provisions.

3. Act amended

This Act amends the Fish Resources Management Act 1994.

4. Section 15 amended

In section 15 insert in alphabetical order:

corresponding law means a law of the Commonwealth

or another State or Territory of the Commonwealth

declared by the regulations to be a law corresponding

to this Act;

5. Section 23 amended

(1)	In section 23(1) delete “State,” and insert:
State (whether or not also in accordance with some other law),
(2)	In section 23(2) delete paragraph (a) and “or” after it.

Fish Resources Management Amendment Act 2009

s. 6

6. Section 24A inserted

After section 23 insert:

24A.

Application of Commonwealth law to limits of State

in accordance with arrangements

If there is in force an arrangement that provides that a particular fishery is to be managed in accordance with the law of the Commonwealth (whether or not also in accordance with some other law), the law of the

Commonwealth applies to the limits of the State as a law of the State.

7. Section 24 amended

(1)	In section 24(1) delete “State,” and insert:
State (whether or not also in accordance with some other law),
(2)	In section 24(2):

(a)	in paragraph (b) delete “resources.” and insert:

resources; and

(b)

after paragraph (b) insert:

(c)	generally acting consistently with, and in furtherance of, the objects of this Act.

Fish Resources Management Amendment Act 2009

s. 8

8. Section 25 amended

In section 25(2) delete “State — ” and insert:

State (whether or not also in accordance with some

other law) —

9. Part 3 Division 4 inserted

At the end of Part 3 insert:

Division 4 — Arrangements with other States and

Territories

29A.

Arrangements with other States and Territories

The Minister may enter into an agreement with a

Minister administering a corresponding law, or with an

authority of another State or Territory concerned in the

administration of that law, for the purpose of

cooperation in furthering the objects of this Act

(whether in this State or in that other State or

Territory).

29B.

Functions

(1)

For the purposes of this Division, the Minister may

exercise any power and perform any function conferred

on the Minister under Division 2 or 3 as if the

Commonwealth Act applied under this Division.

(2)

Divisions 2 and 3 apply in respect of agreements under this Division, with such modifications as are necessary.

Fish Resources Management Amendment Act 2009

s. 10

10. Part 4 Divisions 1 to 3 deleted

Delete Part 4 Divisions 1 to 3.

11. Section 41 amended

(1)	In section 41(2) —

(a)	after “committee” insert:

established by the Minister

(b)	after “the Minister” insert:

or the CEO

(2)	After section 41(2) insert:

(3A)

The CEO may, by instrument in writing, establish an

advisory committee for a fishery consisting of such

persons as the CEO thinks fit.

(3B)

The function of an advisory committee established by

the CEO is to provide information and advice to the

CEO on matters related to the protection and

management of the fishery.

(3)	In section 41(3)(b) delete “Minister’s opinion,” and insert:
opinion of the person establishing the committee,
(4)	In section 41(4) delete “Minister” and insert:
person establishing the committee

Fish Resources Management Amendment Act 2009

s. 12

12. Section 42 amended

(1)	In section 42(1) after “to the Minister” insert:
or the CEO
(2)	After section 42(1) insert:

(2A)

The CEO may, by instrument in writing, establish other advisory committees, consisting of such persons as the CEO thinks fit, to provide information and advice to

the CEO on matters related to the administration of this

Act.

(3)	In section 42(2)(b) delete “Minister’s opinion,” and insert:
opinion of the person establishing the committee,
(4)	In section 42(3) delete “Minister” and insert:
person establishing the committee

13. Part 4 Division 6 inserted

At the end of Part 4 insert:

Division 6 — Operation of committees

43A.

Regulations relating to the operation of committees

The regulations may provide for any matter necessary

for the operation of —

Fish Resources Management Amendment Act 2009

s. 14

(a)	a Fishery Management Advisory Committee established under Division 4; or

(b) another committee established under

Division 5.

14. Section 62 amended

In section 62(t) delete “a natural person,” and insert:

an individual,

15. Section 78A inserted

Before section 78 insert:

78A.

Regulations relating to cancellations under

section 224

(1)

In this section —

section 224 means section 224 as it was immediately

before the commencement of this section.

(2)

The regulations may —

(a)	provide for the granting of an authorisation to replace an authorisation that has been cancelled by the operation of section 224;
(b)	prescribe fees and charges payable in respect of the issue of replacement authorisations, including the payment of a fee equal to that which would have been payable if the authorisation had not been cancelled under section 224 and had been kept in force;
(c)	provide for an amendment to a management plan that is, in the Minister’s opinion, necessary

Fish Resources Management Amendment Act 2009

s. 16

in connection with the granting of a

replacement authorisation.

16. Section 140 amended

Before section 140(2)(b) insert:

(ba)

if, in the CEO’s opinion, the applicant, or a

person acting for or on behalf of the applicant,

may be liable to prosecution for an offence that

is prescribed for the purposes of section 224; or

(bb)

if the authorisation is suspended under

section 224; or

17. Section 202A amended

In section 202A(4) in the definition of person in charge of a

fishing tour delete “natural person” and insert:

individual

18. Section 224 amended

(1)	In section 224(2) delete “cancel the authorisation.” and insert:
suspend the authorisation for one year.
(2)	In section 224(3)(a) delete “cancelled” and insert:
suspended
(3)	Delete section 224(4) and insert:

Fish Resources Management Amendment Act 2009

s. 19

(4)	Where an authorisation has been suspended under subsection (2), the authorisation remains suspended until the CEO is satisfied that all outstanding fines have been paid in respect of —

(a)	the convictions recorded with respect to the authorisation under this section; and
(b)	any other convictions of the authorisation holder under this Act,

and the time period imposed under subsection (2) has

elapsed.

19. Section 245 deleted

Delete section 245.

20. Schedule 1 deleted

Delete Schedule 1.

21. Schedule 3 amended

In Schedule 3 delete clause 6.