Living Marine Resources Management Amendment Act 1998 (TAS)

Living Marine Resources Management Amendment Act 1998

An Act to amend the Living Marine Resources Management Act 1995

[Royal Assent 18 December 1998]

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 Living Marine Resources Management Amendment Act 1998 . 2CommencementThis Act commences on the day on which this Act receives the Royal Assent. 3Principal ActIn this Act, the Living Marine Resources Management Act 1995 is referred to as the Principal Act. 4Section 3 amended (Interpretation) Section 3 of the Principal Act is amended by omitting the definition of fisheries officer and substituting the following definition: fisheries officer means – (a) the Secretary; and (b) a police officer; and (c) a person appointed as a fisheries officer under section 164 ; and (d) an officer referred to in section 171 ; 5Section 24 amended (Immunity from liability) Section 24(1) of the Principal Act is amended as follows: (a) by omitting from paragraph (e) "Department;" and substituting "Department."; (b) by omitting paragraph (f) . 6Section 40C amended (Rules relating to fish and fishing) Section 40C(f) of the Principal Act is amended by inserting "number," after "size,". 7Section 48A insertedAfter section 48 of the Principal Act , the following section is inserted in Division 2: 48ACorrection of management plan (1)  The Minister, after consultation with the relevant fishing body and by order published in the Gazette, may change a management plan if the change is of an administrative or a minor nature or is to correct an error. (2)  The Secretary is to – (a) specify the change by public notice; and (b) notify the change to any person holding a licence for commercial purposes affected by the order by notice served on the licensee. 8Section 49 amended (Order changing management plan) Section 49 of the Principal Act is amended by omitting subsection (2A) . 9Section 60 amended (Fishing licence) Section 60(2) of the Principal Act is amended by omitting paragraph (b) and substituting the following paragraph: (b) a person who uses a licence with the Minister’s approval under section 87 ; or 10Section 78 amended (Grant of licence) Section 78(1)(g) of the Principal Act is amended by inserting ", levies," after "appropriate". 11Section 79 amended (Issue of licence) Section 79 of the Principal Act is amended by omitting subsection (2) and substituting the following subsection: (2)  A licence may be issued – (a) as a separate instrument; or (b) as an endorsement on a fishing certificate. 12Section 81 amended (Renewal of licence) Section 81(2)(f) of the Principal Act is amended by inserting ", levies," after "appropriate". 13Section 82 amended (Transfer of licence) Section 82 of the Principal Act is amended as follows: (a) by inserting the following paragraph after paragraph (f) in subsection (2) : (fa) granting the application is consistent with guidelines issued under section 75 ; and (b) by omitting subsection (3) and substituting the following subsections: (3)  The Minister may refuse to grant an application under subsection (1)(a) if not satisfied as required under subsection (2) . (3A)  The Minister may grant an application under subsection (1)(b) if satisfied that – (a) granting the application is not likely to contravene a management plan; and (b) there are no environmental or resource constraints in granting the application; and (c) granting the application is consistent with guidelines issued under section 75 ; and (d) the applicant has paid the appropriate fees and charges. (3B)  The Minister may refuse to grant the application if not satisfied as required under subsection (3A) . (c) by inserting in subsection (4) "or a quota or an entitlement under a licence" after "licence". 14Section 83 amended (Variation of licence) Section 83 of the Principal Act is amended as follows: (a) by omitting from subsection (1A) "only"; (b) by omitting from subsection (1A)(d) "management" and substituting "marine farming"; (c) by inserting the following paragraph after paragraph (e) in subsection (1A) : (ea) varying the licence is consistent with guidelines issued under section 75 ; and (d) by omitting subsection (1B) and substituting the following subsection: (1B)  The Minister may refuse to vary a licence – (a) if not satisfied as required under subsection (1A) ; or (b) for any other reason the Minister considers appropriate. 15Section 87 amended (Prohibition on use of licence by other persons) Section 87 of the Principal Act is amended by omitting subsections (1) and (2) and substituting the following subsections: (1)  A holder of a licence, without the Minister’s approval, must not allow another person to use the licence – (a) by means of leasing, subleasing or lending; or (b) by acting as a supervisor; or (c) by any other arrangement or agreement.

Penalty:  Fine not exceeding 100 penalty units.

(2)  The Minister may grant the approval if satisfied that – (a) it is reasonable to do so; and (b) the person for whom the approval is sought – (i) has complied with this Act; and (ii) has not been convicted of any offence under this Act, any other Act or a corresponding law that the Minister considers relevant; and (iii) is not disqualified from holding a licence under this Act; and (iv) is a fit and proper person; and (c) granting the approval is not likely to contravene a management plan or guidelines issued under section 75 . (2A)  The Minister may defer a decision in respect of an approval if – (a) the person for whom the approval is sought has been charged with an offence under this Act, a corresponding law or any other Act the Minister considers relevant; and (b) the charge has not been determined at the time the application was made – until the charge is determined. 16Section 98J amended (Yearly catch history) Section 98J(1) of the Principal Act is amended by omitting "history" from the definition of YC . 17Section 143 amended (Research areas) Section 143 of the Principal Act is amended by inserting after subsection (2) the following subsection: (3)  A person must comply with an order made under subsection (2) .

Penalty:  Fine not exceeding 50 penalty units.

18Section 164 amended (Appointment of fisheries officer) Section 164 of the Principal Act is amended by omitting subsection (4) . 19Section 170 amended (Police officer) Section 170 of the Principal Act is amended by omitting subsection (1) . 20Section 171 amended (Naval officer) Section 171(1) of the Principal Act is amended by omitting "has the powers of a fisheries officer under this Act" and substituting "is a fisheries officer only". 21Section 200 amended (Seizure of fish, vessels and other things) Section 200(c) of the Principal Act is amended by inserting "the fisheries officer reasonably believes that" after "if". 22Section 215A insertedAfter section 215 of the Principal Act , the following section is inserted in Division 3: 215AReceipt of documents Any document, authority, notification, record, return, certificate or other information maintained or issued in relation to any matter under this Act and sent to any person at his or her usual or last known address is taken to be received by that person in the ordinary course of post. 23Section 221 amended (Certificates relating to licensing and statistical matters) Section 221 of the Principal Act is amended by inserting after paragraph (d) the following paragraphs: (da) that the holder of an authorisation had taken, received, despatched or sold a quantity, form or type of fish as recorded from records, dockets and returns required to be provided under the Act, regulations or rules; (db) that on any date or during any period the holder of an authorisation had made a report required to be provided under the Act, regulations or rules and that the information recorded is the information that was reported; (dc) that on any date or during any period the holder of an authorisation had not made a report required to be provided by the Act, regulations or rules; 24Section 223 amended (Accuracy of measuring equipment) Section 223 of the Principal Act is amended as follows: (a) by omitting "the weight" and substituting "any information compiled by a fisheries officer or the weight"; (b) by inserting "computer hardware or software," after "callipers,". 25Section 261 amended (Permitting use of premises) Section 261(a) of the Principal Act is amended by omitting "fishing" and substituting "fish". 26Section 267 amended (Illegally taking or possessing fish) Section 267(1) of the Principal Act is amended by omitting "In addition to imposing a penalty on a person" and substituting "On a finding of guilt". 27Section 268 amended (Illegal use of apparatus) Section 268(1) of the Principal Act is amended by omitting "In addition to imposing a penalty on a person" and substituting "On a finding of guilt". 28Section 275 amended (Variation of fees, charges and royalties) Section 275 of the Principal Act is amended as follows: (a) by inserting in subsection (1)(a) "levy," after "fee,"; (b) by inserting in subsection (2) "levy," after "fee,". 29Section 276 amended (Recovery of unpaid fees, charges and royalties) Section 276 of the Principal Act is amended as follows: (a) by omitting from subsection (1) "A fee" and substituting "A levy, fee"; (b) by inserting in subsection (2) "levy," after "any". 30Section 295 amended (Regulations relating to fish and fishing) Section 295(f) of the Principal Act is amended by inserting "number," after "size,".

[Second reading presentation speech made in:

House of Assembly on 3 DECEMBER 1998

Legislative Council on 8 DECEMBER 1998]