Fishing and Related Industries Compensation (Marine Reserves) Amendment Regulations 2004 (WA)

30 December 2004 GOVERNMENT GAZETTE, WA 6967

Fishing and Related Industries Compensation (Marine Reserves)

Act 1997

Fishing and Related Industries

Compensation (Marine Reserves)

Amendment Regulations 2004

Made by the Governor in Executive Council.

1.             Citation

These are the Fishing and Related Industries
Compensation (Marine Reserves) Amendment
Regulations 2004.

2.             Commencement

These regulations come into operation on the day on which Part 2 Jurisdiction) Amendment and Repeal Act 2004 comes into operation or on the day of their publication in the Gazette, whichever is the later.

3.             The regulations amended

The amendments in these regulations are to the Fishing and
Related Industries Compensation (Marine Reserves)
Regulations 1998*.

[* Published in Gazette 28 August 1998, p. 4745-7.]

4.             Schedule 1 amended

Schedule 1 Form 1 note 2 is deleted and the following note is inserted instead —

“

2.      Within 30 days after receiving this application, the Minister for Fisheries is to decide whether or not you are entitled to compensation under the Act and advise you in writing of the decision. If the Minister decides that, or the State Administrative Tribunal determines that, you are entitled to compensation, the Minister must conduct negotiations with you with a view to settling the amount of the compensation. If you and the Minister agree on the amount of compensation, the Minister must enter into an agreement with you setting out the terms of the agreement.

If an agreement on the amount of compensation has not been entered into within
60 days of advice to you that the Minister has decided that, or of the State
Administrative Tribunal determining that, you are entitled to compensation, you
or the Minister may apply to the State Administrative Tribunal for a
determination of the amount of compensation. An agreement as to the amount
of compensation may be entered into even though an application has been made
to the Tribunal.

6968 GOVERNMENT GAZETTE, WA 30 December 2004

If the Minister advises you that he or she has decided that you are not entitled to compensation, you may apply to the State Administrative Tribunal for a review of the decision.

An application to the Tribunal cannot be made later than 21 days after the day on which the advice is received from the Minister.

If you do not receive advice from the Minister, within 30 days of the Minister receiving the application, that you are entitled to compensation, you may apply to the State Administrative Tribunal to determine whether or not you are entitled to compensation.

An application to the Tribunal cannot be made later than 21 days after the expiration of the period within which the Minister is to advise you whether or not he or she has decided that you are entitled to compensation.

An agreement as to the amount of compensation may be entered into even though an application has been made to the Tribunal.

”.

By Command of the Governor,

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