WESTERN AUSTRALIA.
FISHERIES.
No. 73 of 1981.
AN ACT to amend the Fisheries Act 1905-1979 to enable arrangements with respect to the management of certain fisheries to be entered into between, and given effect to by, the Commonwealth and the State.
[Assented to 30 October 1981.]
BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—
Short title
| 1. (1) This Act may be cited as the Fisheries | and |
| Amendment Act 1981. | citation. |
| Reprinted as | |
| (2) In this Act, the Fisheries Act 1905-1979 is referred to as the principal Act. | approved 15 March 1976 |
| and amended by Act No. 60 of 1979. |
| No. 73.] | Fisheries. | [1981. |
(3) The principal Act as amended by this Act may be cited as the Fisheries Act 1905-1980.
Commence-
This Act shall come into operation on the date on which Part WA of the Fisheries Act 1952 of the Parliament of the Commonwealth, as amended by subsequent Acts of that Parliament, comes into operation.
| ment. | 2. |
Amendment
3. Section 3 of the principal Act is amended
of section 3.
(a) in subsection (1),
(i) by inserting after the definition of "Boat license" the following definition
"Commonwealth Act" means the Fisheries Act 1952 of the Parliament of the Common- wealth as amended from time to time; ;
(ii) by inserting after the definition of "Fixed engine" the following definition
"foreign boat" has the same meaning as it has in the Commonwealth Act; ;
(iii) by deleting the definition of "Western Australian waters; and
| (b) | by inserting after subsection (2) the following subsection |
CC (3) Where, in a provision of this Act,
there is a reference to Western Australian
| 1981.] | Fisheries. | [No. 73. |
waters or to waters generally, the
reference
| (a) | is a reference to all waters that are within the limits of the State; |
| (b) | except for purposes in relation to a fishery that is to be managed in accordance with the law of the Commonwealth pursuant to an arrangement under Part IIA of this Act and except for purposes prescribed by paragraph (d) of this subsection—is a reference to any waters of the sea not within the limits of the State that are on the landward side of waters adjacent to the State that, within the meaning of that Part, are Com- monwealth proclaimed waters; |
| (c) | for purposes in relation to a fishery that is to be managed in accord- ance with the law of the State pursuant to an arrangement under Part IIA of this Act—is a reference to any waters to which the legis- lative powers of the State extend, with respect to that fishery, whether pursuant to section 5 of the Coastal Waters (State Powers) Act 1980 of the Parliament of the Commonwealth or otherwise; and |
| (d) | for purposes in relation to activities to which this Act applies, being activities… |