Fish Resources Management Amendment Regulations (No. 2) 2005 (WA)

2490 GOVERNMENT GAZETTE, WA 3 June 2005

FISHERIES

FI301*

Fish Resources Management Act 1994

Fish Resources Management Amendment

Regulations (No. 2) 2005

Made by the Governor in Executive Council.

1.             Citation

These regulations are the Fish Resources Management
Amendment Regulations (No. 2) 2005.

2.             The regulations amended

The amendments in these regulations are to the Fish Resources
Management Regulations 1995*.

[* Reprint 4 as at 14 November 2003.

For amendments to 11 April 2005 see Western Australian
Legislation Information Tables for 2004, Table 4, p. 131, and
Gazette 1 March 2005.

3.             Regulation 3 amended

Regulation 3(1) is amended in the definition of “gear
identification number”, in paragraph (a), by deleting “allocated
under regulation 124(2)(b) in respect of a recreational fishing
licence held by the person; or” and inserting instead —

“

specified in accordance with —

(i)      regulation 124(2)(b) on a recreational fishing licence held by the person; or

(ii)      regulation 124A(4) on a receipt, within the meaning of that regulation, for an application for a recreational fishing licence issued to the person;

or

”.

3 June 2005 GOVERNMENT GAZETTE, WA 2491

4.             Regulation 124A inserted

After regulation 124 the following regulation is inserted in
Division 2 —

“

124A.	Recreational fishing licence receipt may have effect as if it was a recreational fishing licence
(1)	In this regulation —
“recreational fishing licence receipt” means a receipt

issued by the Executive Director to a person who
has applied for the grant, or renewal, of a

recreational fishing licence.

(2) A recreational fishing licence receipt issued to an
applicant has effect as if it was a recreational fishing
licence granted under regulation 124 to the person
until —

(a)	the Executive Director gives notice to the applicant of the outcome of the application; or
(b)	the expiration of one month after the date on which the receipt was issued,

whichever occurs first.

(3) Despite subregulation (2), a recreational fishing licence
receipt does not have effect as if it was a recreational
fishing licence if the applicant to whom it was
issued —

(a)	was the holder of a recreational fishing licence which was cancelled, or not renewed by the Executive Director;
(b)	has been convicted of an offence against the Act;
(c)	is not in possession of the receipt when engaging in an activity specified in the receipt; or
(d)	is the holder of a commercial fishing licence and the recreational fishing licence receipt specifies that the applicant may engage in any activities other than those set out in items 2 and 4 of the Table to regulation 124.

(4) A recreational fishing licence receipt is to be in a form
approved by the Executive Director and is to specify —

(a)	the same matters that are to be specified in respect of a recreational fishing licence under regulation 124(2)(a) and (b); and
(b)	the date on which the receipt was issued.

”.

By Command of the Governor,

M. C. WAUCHOPE, Clerk of the Executive Council.