Fisheries Act Amendment Act 1940 (WA)

1940.] Fisheries. [No. 35.

FISHERIES.

4° and 5° GEO. No. XXXV.

No. 35 of 1940.

AN ACT to amend the Fisheries Aet, 1905-1938.

[Assented to 20th December, 1940.]

BE it enacted by the King's Most Excellent Majesty,by and with the advice and consent of the Legisla- tive Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows :—

Short title.

This Act may be cited as the Fisheries Act Amend- ment Act, 1940, and shall be read as one with the Fish- eries Act, 1905-1938 (as reprinted in the Appendix to the Sessional Volume of Statutes for the year 1928 and

1.

amended by the Act No. 27 of 1938), hereinafter referred

to as the principal Act.

2.    Section five of the principal Act is amended by Aofrarrocrthe

inserting in subsection (1) a new paragraph, as fol.- Pr'nell'al Act.

lows :-

The Governor may appoint any person. to be the deputy of the Chief Inspector of Fisheries and in that capacity to exercise and discharge all or any of the powers and functions of the Chief Inspector of Fisheries, whether that officer be absent from or

No. 35.] Fisheries. [1940.

present in the State. Such appointment shall not affect the exercise or discharge by the Chief Inspector of Fisheries himself of any power or function.

Amendment 3. Section six of the principal Act is amended by

of s. 6 of the

principal Act. adding a paragraph as follows :—

(p) regulating and controlling the operations of

registered trout acclimatisation societies.

Insertion of

new section 4. A new section is inserted after section seven of the

after s. 7.	principal Act, as follows:
Inspector may

requisition	TA. (1) Any inspector may require any person in charge of any boat to permit such inspector to use such boat, and ally engine or oars or paddles and rowlocks therein, for the purpose of carrying out his duties under or enforcing the provisions of this Act.
boats, etc.
(2) Any person refusing to permit an inspector to use such boat, or failing to facilitate the use of such boat by an inspector, shall be guilty of an offence under this Act.
Penalty: Not less than two pounds and not exceed- ing ten pounds.

The Chief Inspector of Fisheries shall pay to the person deprived of the use of any boat, by reason of the use thereof by an inspector, such sum as he considers reasonable. Provided that the amount so paid shall not exceed ten shillings per hour during the time the boat is used,together with an amount equal to the cost of repairing the damage (if any) caused to the boat during the time it is used.

(3)

Amendment

of s. 10A of	5. Section ten A of the principal Act is amended by (2) Any person guilty of an offence under this section shall be liable to a penalty of not less than five pounds and not exceeding twenty pounds for a first offence, and of not less than ten pounds and not exceeding fifty pounds for a second and snbse- quent offence.
the principal

Act. adding a new subsection, as follows:

1940.] Fisheries. [No. 35.

6. Section eleven of the principal Act is amended by Amendment of s. 11 of

deleting subsection (3) and inserting in lieu thereof a the principal

subsection as follows: Act

(3) There shall be payable for every such license issued in respect of a boat not exceeding twenty- four -feet in length, the fee of one pound and for every such license issued in respect of a boat exceed- ing twenty-four feet in length, the fee of two pounds. Provided that, if any such license be issued after the thirtieth day of ,Tune in any year, the fee pay- able shall be one-half of the fee herein prescribed.

Amendment

Section thirteen of the principal Act is amended by deleting therefrom the word "seine," wheresoever	of s. 13 of the principal
Act.
it appears in the said section.

7.

Section sixteen of the principal Act is amended by deleting therefrom the whole of subsection (1) and in-

Amendment

of s. 16 of

t he principal

A et.

serting in lieu thereof a new subsection, as follows :—

(1) All persons licensed under the provisions of

sections twelve and thirty of this Act, and all per-

sons selling or exposing -for sale fish at any fish mar-

ket, shall furnish in writing to the Chief Inspector

of Fisheries or his nominee a monthly statement

of all fish caught or consigned to or received by

them, as the case may be, and shall state the quantity

of each species of fish and the waters in which they

8.

were captured.

Any person failing to furnish or furnishing any false or inaccurate information in any such state- ment shall be liable to a penalty not exceeding two pounds.

Section nineteen of the principal Act is amended by deleting from subsection (1) the words "five pounds,

Amendment

of s. 19 of the

principal Act.

and, for a subsequent offence, to a penalty of twenty pounds," in lines six and seven, and inserting in lieu thereof the words "not less than five pounds and not exceeding twenty pounds for a first offence and not less than ten pounds and not exceeding fifty pounds for a second or subsequent offence."

10. Section twenty-two of the principal Act is amended

Amendmentof a. 22 of the

principal Act.

9.

(a.) by deleting from subsection (1) the words "not exceeding two pounds for the first offence and

No. 351 Fisheries. [1940.

for any subsequent offence to a penalty of five pounds," in lines six, seven, and eight of the said subsection, and inserting in lieu thereof the words "not less than two pounds and not exceeding five pounds for a first offence and not less than five pounds and not exceeding twenty pounds for a second or subsequent offence";

(b) by deleting from subsection (3) the words and figures "any fish known as or called the 'crayfish' of a weight less than twelve ounces or than such greater or lesser weight as may be from time to time prescribed by proclamation, or of any female of such fish of whatsoever size" in lines three, four, five, six, and seven, and inserting in lieu thereof the words "any female of the -fish known as or called the 'crayfish'."

New Part in-	11. A new- Part is inserted in the principal Act after
.ertod

principal Act. Part RI., to stand as Part MA, as follows:—

PART ITIA.—TROUT ACCLIMATISATION DISTRICTS

AND SOCIETIES.

Acclimatisa- 261:1 (1) The Governor may from time to time by proclamation published in the Government Gazette declare that any specified area within the boundaries of which trout fry or young or mature trout have been or are being liberated or placed shall be an acclimatisation district for the purposes of this Act.

tion districts.

Any such proclamation shall define the boun- daries of the area concerned, and such definition

(2)

may be by reference to roads or natural features,

or otherwise.

(3) The Governor may from time to time by a further proclamation similarly published revoke or amend any such proclamation.

(4) When any such proclamation includes an area of State forest, access to and the use of streams within such area for the purpose of fishing, or other activities of any society registered under the provi- sions of this Act, shall be subject to such conditions

1940. ] Fisheries. [No. 35.

as the Minister for Forests on the recommendation of the Conservator of Forests may consider neces- sary for the protection of the State forest.

Nothing contained in this Act shall authorise entry on any portion of a State forest or timber reserve which is the subject of planting or regenera- tion and on which trespass is prohibited under the provisions of the Forests Act, 1918-].931.

26C. (1) Any society consisting of not less than :triton.

ten members (hereinafter referred to as a trout osizaenessauon

acclimatisation society), the objects of which as set out in its rules are wholly or mainly the hatching, rearing, distribution, or protection of trout may, subject to any regulations made under this Act, apply to the Governor for registration by deposit- ing with the Chief Inspector of Fisheries a copy of its rules, signed by the president or chairman of the society and countersigned. by three members thereof, together with a statement showing the number of members of the society and indicating the area in respect of which the society desires to be registered.

(2)

If the Governor is satisfied that the rules deposited. are not repugnant to this Act or to any regulation made theremider, and that the society is qualified to apply for registration under this sec- tion, he may by writing under his hand grant the application for registration either without amend- ment or with such amendments of the area indicated therein as to him seem fit.

(3) As soon as is practicable after the granting of registration, a notification of the registration shall, together with the name or description of the area in respect of which the registration was

granted, he published in the Government Gazette,

and the date of such publication shall be deemed to

be the date of registration.

No amendments of the rules of any registered trout acclimatisation society shall have any force or effect, unless application for the registration of the amendments has been made and granted in like manner.

(4)

No. 35.] Fisheries. [1940.

(5) Upon registration under this section, a trout acclimatisation society shall become a body corpor- ate by the name or title stated in its rules, with perpetual succession and a common seal, and in its corporate name may hold and dispose of real and personal property, and may sue and be sued, and may recover any money owing to the body corpor- ate, whether by a member thereof or not.

(6) Not more than one trout acclimatisation society shall be registered in respect of the same area.

(7)

The Governor may at any time, upon appli- cation by any trout acclimatisation society, by noti-

fication in the Government Gazette, increase, reduce,

or alter in any way the area in respect of which such society is registered, and may in like manner, not- withstanding that such application may not have been made, reduce or alter the area in respect of which any trout acclimatisation society is registered, after having given at least one month's notice to such society. Every such notification shall define the area so increased, reduced, or altered in pursu- ance of this subsection, and the area as so increased, reduced, or altered shall be deemed to be the area in respect of which the society is registered.

Vesting or

property in	26D. For the purposes of this Act the property
climatisation

trout in ac-

in all trout in or upon the area in respect of which

societies.

any trout acclimatisation society is registered shall

he deemed to be vested in such society.

Acclimatisa-

tion society

26E. A registered trout acclimatisation society may, with the approval of the Minister and upon such conditions as the Minister may impose, expend any of its funds in the purchase of land within the area in respect of which it has been registered for camping grounds for anglers, and in the erection thereon, or on any lands, the control and manage- ment of which are vested in the society, of necessary buildings for the accommodation of anglers, and in otherwise providing for their convenience.

may pur-

chase land.

1940.] Fish cries. [No. 35.

Statement of

26E. Every registered trout acclimatisation

operations

and accounts

society shall, on or before the thirty-first day of

to be made by acclima-

January in each year, furnish to the Chief Inspector

tisation

of Fisheries a full statement of its operations dur-

societies.

ing the year ended on the thirty-first day of Decem- ber next preceding, and a full statement of its accounts, showing in detail the several receipts and items of expenditure of the society during such period. Such statement shall be accompanied by a duly audited balance sheet, and the Chief Inspector of Fisheries shall publish such report and statement in his animal report.

Cancellation

26G. (1) If any registered trout acclimatisation society fails to comply with the requirements of this

of registration of acclimatisa-

tion societies

in Certain

Act, or contravenes or fails to comply with any

..ireumstances.

regulation relating to the conduct of the affairs of registered societies, the Governor may by notifica- tion in the Govenzinent Gazette cancel the registra- tion of such society.

(2)

(a) If it appears from a report of an inspec- tor or other officer that any registered trout acclima- tisation society is not taking proper steps to carry out within the area in respect of which it is regis- tered such of its objects as stated in its rules relate to the hatching, rearing, distribution or protection of trout, the Minister may by notice served by post upon the person nominated pursuant to the rules to be served with notices to the society, requiring the society to show cause why its registration should not be cancelled.

(b) If after consideration of the representations (if any) made by the society the Minister is satis- fied that the society has for a period of three months or upwards failed to take proper steps to carry out such objects, he may recommend the Governor to cancel the registration, and the Governor may can- cel the same accordingly, by notification in the Government Gazette.

(3)

Where the registration of a trout acclimatisa- tion society is cancelled under this section

(a) the property in any trout which by or under

this Act is vested in the society shall be

divested from the society and shall. vest in

His Majesty;

No. 35.] Fisheries. [1940.

(b)	the property in any land purchased by the society, and any buildings or other improve- ments erected thereon, shall be divested from the society and shall vest in the Minister ;
(c)	any moneys held by the society at the date upon which its registration is so cancelled, shall be paid to and may be recovered by the Minister;
(d)	the society shall cease to have the control and management of any lands, the control and management of which were at the date on which its registration was cancelled vented hi the society;
(e)	the Governor may authorise the Minister to exercise within the area all the powers, authorities, and functions previously exer- cised by the society within the area afore- said.

Amendment

of s. 27 of the 12. Section twenty-seven of the principal Act is

principal Act amended by adding thereto a subsection, as follows

(3) If any land reserved under the provisions of subsection (2) of this section be within an area in respect of which ally trout acclimatisation society is registered % the Governor may in like manner direct that such reserve shall vest in and be held by such trout acclimatisation society in trust for such purposes and subject to such conditions as may be specified.

Amendment	of s. 32 of the13. Section thirty-two of the principal Act is amended
principal Act• by inserting after the word "time" in line two the words

"stop and search any vehicle or."

Amendment	of s. 33 of the14. Section thirty-three of the principal Act is
principal Act. amended by inserting after the word "taking" in the

first line the word "or."

Amendment of s. 35 of the15. Section thirty-five of the principal Act is amended principal Act. by deleting the words "not exceeding ten pounds" from

line five and inserting in lieu thereof the words "of not

less than ten pounds and not exceeding fifty pounds."

1940.] Fisheries. [No. 35.

16. New sections are inserted in the principal Act New section.

after section thirty-five, as follows:-

Person

35A. Any person who, on being charged before a justice with having fish in his possession which	charged with possession of
fish liable to
may reasonably be suspected of being taken in con-	Penalty.
travention of this Act, does not give an account to the satisfaction of such justice how he came to be in possession of the same, shall be liable to a penalty of not less than five pounds and not exceeding twenty pounds.

3513. (1) Any person who is found on any waters on waters

in a boat containing any net or other implement with pro- rItet or

whatsoever, the use of which in such waters is pro- Mtn"

hibited by any proclamation made under sections penalty'

eight or nine of this Act, shall be guilty of an

offence, and shall be liable to a penalty of not more

than five pounds for a first offence and to a penalty

of not less than five pounds and not exceeding

twenty pounds for a second or subsequent offence.

(2) It shall be a sufficient defence to a prosecu- tion for an offence against subsection (1) of this section if the person charged proves

(a)	that a license in or to the effect of the pre- scribed form to take the net or other imple- ment through the waters mentioned in the charge to other waters had been issued by an inspector ; and
(b)	that at the time of the commission of the alleged offence such net or implement was on such waters solely for the purpose of being so taken.

Amendment

17. Section thirty-seven of the principal Act is re- of s. 37 of the

pealed and a new section is inserted in lieu thereof, as

principal Act.

Repeal and

follows :—

new section.

37. (1) All engines, lines, nets, and other articles, Etteiginoet

but not including any boat, used by or in the posses- fenders	be forfeited.
sion of any person, and all fish taken, sold, offered, consigned or exposed for sale by or in the posses- sion of any person, contrary to the provisions of this Act, shall be forfeited to the use of Ms Majesty.

No. 35.lFisheries. [1940.

(2) Where the commission of any offence against this Act involves a forfeiture of any articles, the conviction of any person for such offence shall have effect as a condemnation of such articles, without the necessity of any complaint being laid for such condemnation.

Amendment 18. Section thirty-seven A of the principal Act is

of s. 37A of

the principal repealed and a new section is inserted in lieu thereof,	Act.
Repeal and as follows:—
new section.
Inspector
may seize
boats, nets, 37A. (1) When any boat, net, line, engine, im- shall be found by any inspector in any closed waters without any person in actual possession thereof, or on a boat in closed waters, or on the foreshore abut- ting on such closed waters, the inspector may seize such boat, net, line, engine, implement, appliance, or other article, and such inspector, or another in- spector, shall give the prescribed notice of finding thereof, and shall thereafter cause the thing so found to be taken before a justice, who shall, if satisfied that there are reasonable grounds for believing that the thing in question had been or was intended to be used in contravention of this Act; or of any regu- lation or proclamation made thereunder, condemn the same as forfeited to His Majesty, and the same shall be forfeited accordingly.
lines. etc., in
certain eft- plement, appliance or other article -for taking fish
enmsta 'lees.

(2) "Closed waters" means any waters as to which any proclamation under sections eight or nine or by-laws relating to any of the purposes of such sections made by a road board is or are in force; and where any boat, net, line, implement, ap- pliance, or other article for taking fish is found in waters to which such by-laws apply, "inspector" includes the secretary, officers, and members of the road board.

(3) Any person making a claim to ownership of any boat, net, line, engine, implement, appliance, or other article so seized may appear before the justice before whom the thing has been taken and make such representations as he may think fit.

1940.] Fisheries. [No. 35.

19. A new section is inserted in the principal Act New sections.

after section thirty-seven A, as follows :-

37B. The Chief Inspector of Fisheries may, sub- ject to the approval of the Minister, and in the man-	may sell boats.Chief Inspector
nets, lines. etc.
ner prescribed by regulation, sell or dispose of all boats, nets, lines, engines, implements, appliances, and other articles, and all fish forfeited in accord- ance with the provisions of this Act.

20. The principal Act as amended by this Act may Citation of Principal Act

be cited as the Fisheries Act, 1905-1940. as amended