Fish Resources Management Amendment Regulations (No. 4) 2014 (WA)

3082 GOVERNMENT GAZETTE, WA 26 August 2014

FISHERIES

FI301*

Fish Resources Management Act 1994

Fish Resources Management Amendment

Regulations (No. 4) 2014

Made by the Governor in Executive Council.

1.             Citation

These regulations are the Fish Resources Management
Amendment Regulations (No. 4) 2014.

2.             Commencement

These regulations come into operation as follows —

(a) regulations 1 and 2 — on the day on which these

regulations are published in the Gazette;

(b) the rest of the regulations — on the day after that day.

3.             Regulations amended

These regulations amend the Fish Resources Management
Regulations 1995.

4.             Regulation 64 amended

Before regulation 64(1) insert:

(1A)	In this regulation —
person engaged for a commercial purpose in an
activity means —

(a)	in the case of an activity referred to in subregulation (2)(a), (b) or (c) that is carried out using a boat which has a master, the master of the boat; or
(b)

in any other case, the holder of the out;

return includes a return regarding an activity that a
person is authorised to engage in under an
authorisation showing that the activity was not engaged
in during a month.

26 August 2014 GOVERNMENT GAZETTE, WA 3083

5.             Regulation 122 amended

(1)

In regulation 122 delete “If a person” and insert:

(1) If a person

(2)

At the end of regulation 122 insert:

(2)	The CEO must issue a receipt to a person who has applied for the grant or renewal of a commercial fishing licence.
(3)	A receipt issued under subregulation (2) is to —

(a)	be in a form approved by the CEO; and
(b)	specify the following —

(i)      the name of the person who applied for the grant or renewal of the licence;

(ii)      the date on which the receipt was issued.

6.             Regulation 123A inserted

At the end of Part 11 Division 1 insert:

123A. Commercial fishing licence receipt may have effect
as commercial fishing licence

(1) In this regulation —

applicant means a person who has applied for the grant

or renewal of a commercial fishing licence;

commercial fishing licence receipt means a receipt

issued under regulation 122(2).

(2)	A commercial fishing licence receipt issued to an applicant has effect as if it was a commercial fishing
licence granted to the applicant until —

(a)	the CEO 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.

3084 GOVERNMENT GAZETTE, WA 26 August 2014

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

(a)	was the holder of a commercial fishing licence which was cancelled, or not renewed, by the CEO; or
(b)	has been convicted of an offence against the Act; or
(c)	is not in possession of the receipt when engaging in commercial fishing.

7.             Regulation 158 amended

In regulation 158 in the Table under the heading “Provisions of
the Act”:

(a) After “49,” insert:

74(1) and (2),

(b) delete the item commencing with “Section 74,”.

R. KENNEDY, Clerk of the Executive Council.