Inland Fisheries Amendment Act 1999 (TAS)

Inland Fisheries Amendment Act 1999

An Act to amend the Inland Fisheries Act 1995

[Royal Assent 15 December 1999]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1Short titleThis Act may be cited as the Inland Fisheries Amendment Act 1999 . 2CommencementThis Act commences on a day to be proclaimed. 3Principal ActIn this Act, the Inland Fisheries Act 1995 is referred to as the Principal Act. 4Section 3 amended (Interpretation) Section 3 of the Principal Act is amended as follows: (a) by omitting the definition of Associate Commissioner ; (b) by omitting the definitions of Commission and Commissioner ; (c) by inserting the following definition after the definition of controlled fish : Council means the Inland Fisheries Advisory Council established under section 20A ; (d) by inserting the following definition after the definition of declared fish : Director means the Director of Inland Fisheries appointed under section 11 ; (e) by inserting the following definition after the definition of salmon : salmon fishery means a fishery relating to salmon that occur in inland waters; 5Section 9 repealed Section 9 of the Principal Act is repealed. 6Part 2 substituted Part 2 of the Principal Act is repealed and the following Part is substituted: PART 2Director and Council Division 1Director of Inland Fisheries 11Appointment of Director (1)  The Minister may appoint a person employed under the Tasmanian State Service Act 1984 to be Director of Inland Fisheries. (2)  A person appointed as Director of Inland Fisheries may hold that office in conjunction with a position or an office under the Tasmanian State Service Act 1984 . 12Corporation sole (1)  The Director is a corporation sole with the corporate name of "Director of Inland Fisheries". (2)  The Director – (a) has perpetual succession and a common seal; and (b) may sue and be sued in the corporate name; and (c) may acquire, hold, dispose of and otherwise deal with property. (3)  All courts, judges and persons acting judicially are to – (d) take judicial notice of the common seal of the Director affixed to any document; and (e) assume that it was duly affixed. 13General powers and functions of Director (1)  The Director has the following functions: (a) to manage, control, protect, develop, improve, maintain and regulate salmon fisheries, fisheries in inland waters and freshwater fish; (b) to stock inland waters with fish; (c) to create, improve and maintain access to inland waters; (d) to provide facilities in respect of access to inland waters; (e) to carry out research and investigation into matters relating to salmon fisheries and fisheries in inland waters; (f) to collect, publish and disseminate information relating to freshwater fish and inland waters. (2)  The Director may do anything necessary or convenient to perform any function under this Act. (3)  The Minister may give directions to the Director relating to the Director’s functions and the Director is to comply with those directions. 14Contracts and arrangements For the purpose of this Act, the Director may – (a) enter into any contract or agreement with any person or body; or (b) make any arrangement with any person or body. 15Assistance The Director may give assistance to any person or body by way of a grant or loan or otherwise for any purpose consistent with this Act. 16Funds of Director (1)  The funds of the Director consist of – (a) any money appropriated by Parliament for the purpose of this Act; and (b) any fees payable under this Act; and (c) any money received from the sale of anything forfeited to and sold by the Director; and (d) any other money received by the Director from any other source. (2)  One-half of any money received by way of penalties under this Act is payable to the Director. (3)  The Director must apply the funds for the following purposes: (a) the payment of expenses, charges and obligations incurred in the administration of this Act; (b) the provision of financial or other assistance for the purpose of this Act; (c) the payment of remuneration payable to persons employed under section 19 (1) . (4)  The Director may invest any of its funds – (a) in accordance with section 6 of the Trustee Act 1898 ; or (b) in any other manner the Treasurer approves. 17Accounts and audit (1)  The Director may establish any account in any financial institution. (2)  The Financial Management and Audit Act 1990 applies to the Director as if the Director were an Agency within the meaning of that Act. 18Delegation (1)  The Director, in writing, may delegate to any person or body any function or power, other than this power of delegation. (2)  The Secretary, in writing, may delegate to any person or body any function or power, other than this power of delegation. 19Employees Subject to and in accordance with the Tasmanian State Service Act 1984 , persons may be appointed or employed for the purpose of this Act. 20Officers (1)  The Secretary may appoint a person employed under section 19 as an officer for the purpose of this Act. (2)  The Secretary may make arrangements with the Head of an Agency, within the meaning of the Tasmanian State Service Act 1984 , for any employee in that Agency to be appointed as an officer for the purpose of this Act. (3)  A person appointed under subsection (2) may hold office as an officer in conjunction with an office or a position in the State Service. (4)  The Director is to issue to an officer an identity card in an approved form. Division 2Inland Fisheries Advisory Council 20AInland Fisheries Advisory Council (1)  The Inland Fisheries Advisory Council is established. (2)  The Council consists of not more than 11 persons appointed by the Minister of whom – (a) one is a person representing the interests of freshwater angling associations; and (b) 3 are persons holding angling licences, each of whom represents one of the following: (i) the northern area; (ii) the north-western area; (iii) the southern area; and (c) one is a person representing the interests of freshwater commercial fisheries; and (d) one is a person with expertise in the area of conservation of freshwater ecosystems; and (e) one is a person with expertise in the area of tourism relating to inland fisheries; and (f) one is the Director; and (g) one is the chairperson; and (h) not more than 2 are persons with expertise the Minister considers appropriate. (3)  Schedule 3 has effect with respect to membership and meetings of the Council. 20BGeneral functions and powers of Council (1)  The Council has the following functions: (a) to advise the Minister on any matter under this Act; (b) to advise the Minister on any matters referred to it by the Minister; (c) to provide a forum for consultation on policy matters; (d) to advise the Minister on the functions of the Director as they relate to public expectations; (e) to promote understanding and acceptance of the functions of the Director; (f) to encourage community support for fisheries management activities; (g) to review management plans for inland fisheries. (2)  The Council may do anything necessary or convenient to perform its functions. 7Section 32 amended (Renewal of commercial licence) Section 32 of the Principal Act is amended as follows: (a) by omitting from subsection (3) "its power under subsection (2) , the Commission" and substituting "any power under subsection (2) , the Director"; (b) by omitting subsection (4) and substituting the following subsection: (4)  The Director may impose any condition on the renewed licence the Director determines. 8Section 37 amended (Angling licence) Section 37 of the Principal Act is amended as follows: (a) by inserting in subsection (5) "to a person authorised under subsection (7) " after "apply"; (b) by inserting the following subsections after subsection (6) : (7)  The Director may authorise a person to issue angling licences. (8)  A person authorised under subsection (7) is to issue an angling licence to an applicant on receipt of the application and payment of the prescribed fee. 9Section 38 amended (Whitebait licence) Section 38 of the Principal Act is amended as follows: (a) by inserting in subsection (3) "to a person authorised under subsection (5) " after "apply"; (b) by inserting the following subsections after subsection (4) : (5)  The Director may authorise a person to issue whitebait licences. (6)  A person authorised under subsection (5) is to issue a whitebait licence to an applicant on receipt of the application and payment of the prescribed fee. 10Section 112 amended (Forfeiture if owner is not found) Section 112 of the Principal Act is amended by omitting subsection (1) and substituting the following subsection: (1)  The Director may determine that anything seized under section 107 for which an owner is not found is forfeited to the Director. 11Section 113 amended (Sale or disposal) Section 113 of the Principal Act is amended by omitting subsection (1) and substituting the following subsection: (1)  The Director may sell, destroy or otherwise dispose of anything forfeited under this Act. 12Section 115 amended (Release of seized property) Section 115(1) of the Principal Act is amended by omitting "The Commission may authorise the release of any thing seized but not forfeited to it" and substituting "The Director may authorise the release of anything seized but not forfeited". 13Section 119 amended (Form of infringement notice) Section 119(1)(b)(iv) of the Principal Act is amended by omitting "court of petty sessions" and substituting "place". 14Section 120 repealed Section 120 of the Principal Act is repealed. 15Section 122 amended (Payment by instalments) Section 122 of the Principal Act is amended as follows: (a) by omitting from subsection (1)(b) "60" and substituting "63"; (b) by omitting from subsection (4) "60" and substituting "63". 16Section 155 amended (Offences relating to fauna reserves) Section 155(a) of the Principal Act is amended by omitting “Commission’s” and substituting “Director’s”. 17Section 185 amended (Penalties) Section 185(e) of the Principal Act is amended as follows: (a) by omitting from subparagraph (ii) "offence; and" and substituting "offence; or"; (b) by inserting the following subparagraph after subparagraph (ii) : (iii) each 500 grams of fish or fish of any kind or species bought or sold in connection with the commission of the offence or in the possession of any person committing the offence; and 18Schedule 3 substituted Schedule 3 to the Principal Act is repealed and the following Schedule is substituted: Schedule 3Membership and Meetings of Council

Section 20A(3)

1.   Interpretation In this Schedule – chairperson means the chairperson of the Council; member means a member of the Council. 2.   Period of appointment (1)A member, other than the Director, is to be appointed for a period, not exceeding 4 years, as specified in the instrument of appointment. (2)The Director is taken to be an employee within the meaning of the Retirement Benefits Act 1993 . 3.   Holding other office (1)The holder of an office who is required under any Act to devote the whole of the time to the duties of that office is not disqualified from – (a) holding that office and also the office of a member; or (b) accepting any remuneration payable to a member. (2)If an employee, within the meaning of the Tasmanian State Service Act 1984 , is appointed as a member, the person retains all existing and accruing rights as if service as a member were within the meaning of that Act. 4.   Remuneration A member is entitled to be paid any remuneration and travelling and subsistence allowances the Minister determines. 5.   Vacation of office (1)A member vacates office if the member – (a) dies; or (b) resigns; or (c) is removed from office under subclause (2) or (3) . (2)The Minister may remove a member from office if the member – (a) is absent from 3 consecutive meetings of the Council without the permission of the Council; or (b) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of any remuneration or estate for their benefit; or (c) is convicted, in Tasmania or elsewhere, of a crime or an offence punishable by imprisonment for 12 months or longer. (3)The Minister may remove a member from office if satisfied that the member – (a) is permanently unable to perform adequately or competently the duties of office; or (b) no longer has the qualifications as necessary to be appointed as a member. 6.   Filling of vacancies If the office of a member becomes vacant, the Minister may appoint a person to the vacant office for the remainder of that member’s term of office. 7.   Meetings of Council (1)The chairperson or any other 2 members may convene a meeting of the Council. (2)The Council is to meet at least 4 times a year. 8.   Procedure at meetings (1)The quorum at any duly convened meeting of the Council is 6 members, one of whom must be the chairperson. (2)Any duly convened meeting of the Council at which a quorum is present is competent to transact any business of the Council. (3)A question arising at a meeting of the Council is to be determined by a majority of votes of the members present and voting. 9.   Chairperson (1)The chairperson is to preside at all meetings of the Council. (2)If the chairperson is not present at a meeting of the Council, a member elected by the members present is to preside at that meeting. 10.   Minutes (1)The Council is to keep minutes of the – (a) proceedings at the meetings; and (b) attendance of members at the meetings. (2)Minutes kept of a meeting are to be signed by the chairperson at the next meeting. 11.   General procedure Subject to this Schedule, the procedure for the calling of, and for the conduct of business at, meetings of the Council is to be determined by the Council. 12.   Validity of proceedings (1)An act or proceeding of the Council or of a person acting under the direction of the Council is not invalid by reason only that at the time when the act or proceeding was done, taken or commenced there was a vacancy in the membership of the Council. (2)An act or proceeding of the Council or of a person acting under the direction of the Council is valid even if – (a) the appointment of a member was defective; or (b) a person appointed as a member was disqualified from acting as, or incapable of being, such a member. 19Schedule 4 repealed Schedule 4 to the Principal Act is repealed. 20Substitution of "Commission" with "Director"Each of the provisions of the Principal Act specified in Column 1 of Schedule 1 is amended by omitting "Commission" on the number of occurrences specified in Column 2 of that Schedule and substituting "Director". 21Substitution of "Commissioner" with "Director"Each of the provisions of the Principal Act specified in Column 1 of Schedule 2 is amended by omitting "Commissioner" on the number of occurrences specified in Column 2 of that Schedule and substituting "Director". 22Substitution of "it" with "the Director"Each of the provisions of the Principal Act specified in Column 1 of Schedule 3 is amended by omitting "it" on the number of occurrences specified in Column 2 of that Schedule and substituting "the Director". Schedule 1Substitution of "Commission" with "Director"

Section 20

Column 1

Provision amended

Column 2

Number of occurrences

The definition of approved in section 3

1

Section 23(1)(b)

1

Section 23(2)(b)

1

Section 24(1)(b)

1

Section 24(1)(d)

1

Section 24(2)

first only

Section 24(2)(a)

1

Section 25(1)

1

Section 25(2)

1

Section 25(4)

1

Section 26(1)

1

Section 26(2)(d)

1

Section 26(3)

1

Section 26(4)

1

Section 28(1)

2

Section 28(2)

first only

Section 28(2)(b)

1

Section 28(3)

2

Section 29(1)

1

Section 29(4)

1

Section 30

2

Section 31(1)

1

Section 31(2)

1

Section 31(3)

1

Section 31(4)

1

Section 31(5)

1

Section 32(1)

1

Section 32(2)

1

Section 32(5)

1

Section 33(1)

1

Section 34(1)

1

Section 35(1)

2

Section 35(2)(a)

1

Section 36

1

Section 37(4)

1

Section 40(2)(b)

1

Section 40(2)(d)

1

Section 40(3)

first only

Section 40(3)(a)

1

Section 41(1)

1

Section 45(1)

1

Section 45(7)(b)

1

Section 48(1)

1

Section 50

1

Section 51(3)

2

Section 52(1)

1

Section 52(2)

1

Section 62(3)

1

Section 63(1)

1

Section 63(2)

1

Section 64(1)

2

Section 65(3)

1

Section 66

1

Section 67(1)

2

Section 68(1)

1

Section 68(3)

1

Section 69

1

Section 70

1

Section 71(1)

2

Section 73(1)

1

Section 73(2)

1

Section 73(3)

1

Section 74(1)

1

Section 74(3)

1

Section 76(b)

1

Section 76(d)

1

Section 77(1)

1

Section 77(2)

1

Section 77(3)

2

Section 78(1)

1

Section 78(2)

1

Section 78(3)

2

Section 79(1)

first only

Section 79(1)(a)

1

Section 79(1)(c)

1

Section 79(2)

2

Section 79(3)

1

Section 80

1

Section 82(4)(b)

1

Section 82(5)

1

Section 83

1

Section 93(2)

1

Section 109(1)

1

Section 109(4)

1

Section 110(1)

1

Section 111(3)

1

Section 111(4)

2

Section 112(2)

1

Section 113(2)

1

Section 114(5)

1

Section 115(2)

first only

Section 115(2)(c)

1

Section 116(1)

1

Section 116(3)

1

Section 116(4)

1

Section 116(5)

1

Section 116(6)

1

Section 122(6)

1

Section 124(1)

2

Section 126(3)

1

Section 128(1)

1

Section 128(3)

1

Section 128(4)

1

Section 129

1

Section 132(1)

1

Section 133

1

Section 138(1)

1

Section 139(1)

1

Section 151(1)

1

Section 154(1)

1

Section 155(c)

1

Section 156(1)

1

Section 156(2)

1

Section 156(3)

1

Section 157(1)

1

Section 157(2)

1

Section 158

1

Section 160(1)

1

Section 161

first only

Section 161(c)

1

Section 163(2)(c)

1

Section 165(1)

1

Section 165(2)

1

Section 165(3)(a)

1

Section 167(1)

1

Section 169(1)

first only

Section 169(1)(h)

1

Section 170(1)(b)

1

Section 170(1)(d)

1

Section 170(2)

first only

Section 170(2)(a)

1

Section 171

1

Section 172

1

Section 173(1)

1

Section 173(3)

1

Section 174

1

Section 175

1

Section 195

1

Section 196(1)

1

Section 196(2)(f)

1

Schedule 2Substitution of "Commissioner" with "Director"

Section 21

Column 1

Provision amended

Column 2

Number of occurrences

Section 145(1)

first only

Section 145(1)(b)

1

Section 148(1)

1

Section 152(2)

1

Section 152(4)

1

Section 152(5)

1

Section 166(a)

1

Section 178

1

Schedule 3Substitution of "it" with "the Director"

Section 22

Column 1

Provision amended

Column 2

Number of occurrences

Section 25(1)(a)

1

Section 26(1)

1

Section 28(3)(b)

1

Section 31(3)

1

Section 63(1)(a)

1

Section 66(a)

1

Section 70(a)

1

Section 77(2)(a)

1

Section 78(2)(a)

1

Section 82(5)

1

[Second reading presentation speech made in:

House of Assembly on 1 DECEMBER 1999

Legislative Council on 2 DECEMBER 1999]