Living Marine Resources Management Amendment Act 2000 (TAS)

Living Marine Resources Management Amendment Act 2000

An Act to amend the Living Marine Resources Management Act 1995

[Royal Assent 16 June 2000]

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 2000 . 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 as follows: (a) by inserting the following definition before the definition of Aboriginal cultural activity : abalone quota unit means one-3500th of the total allowable catch set for the commercial abalone fishery for a quota period; (b) by inserting the following definition after the definition of purchase : quota period means – (a) in relation to the commercial abalone fishery, a period of one year; and (b) in relation to any other fishery, the period during which a total allowable catch may be taken; 5Section 35A insertedAfter section 35 of the Principal Act , the following section is inserted in Division 1: 35ARock lobster quota unit rules The Minister may make rules in relation to the taking of rock lobster for commercial purposes in respect of incompletely caught rock lobster quota units in subsequent years. 6Section 40 amended (Miscellaneous matters) Section 40(2)(ba) of the Principal Act is amended by omitting "for recreational fishing". 7Section 48A amended (Correction of management plan) Section 48A of the Principal Act is amended by omitting subsection (1) and substituting the following subsection: (1)  The Minister, after consultation with the relevant fishing body and by order published in the Gazette, may change a management plan if satisfied that the change is – (a) to correct any error in the management plan; or (b) to remove any anomaly in the management plan; or (c) to clarify or simplify the management plan; or (d) to remove any inconsistency between management plans or between a management plan and any Act; or (e) to make procedural changes to a management plan; or (f) for any other prescribed purpose. 8Section 64 amended (Marine farming licence) Section 64(4)(a) of the Principal Act is amended by inserting "in respect of the area to which that licence is to relate" after " Marine Farming Planning Act 1995 ". 9Section 67 amended (Fish processing licence) Section 67(2)(c) of the Principal Act is amended by omitting "the lease specified in". 10Section 94 substituted Section 94 of the Principal Act is repealed and the following section is substituted: 94Total allowable catch provisions (1)  A management plan may specify – (a) the quota period for a fishery, other than the commercial abalone fishery; and (b) the period during which any other catch limits for any purpose under this Act may be taken; and (c) the process by which a total allowable catch, other than in relation to the commercial abalone fishery, is allocated. (2)  The Minister, after consultation with the relevant fishing body and by public notice, may – (a) set the total allowable catch for a fishery; and (b) determine the part or parts of the fishery from which the total allowable catch is to be taken; and (c) determine the portion of the total allowable catch to be taken from each part of the fishery. (3)  The Minister is to determine the amount of abalone to be taken pursuant to an abalone quota unit from each part of the fishery. (4)  The Minister may exercise a power under subsections (2)(b) , (2) (c) and (3) in relation to a fishery even if it results in any inconsistency with any provision of a deed of agreement under this Act or the repealed Act. (5)  If a total allowable catch is not set before the start of a quota period, the total allowable catch set for the preceding quota period applies, and the provisions of subsections (2)(b) , (2) (c) and (3) apply, until a new total allowable catch is set. (6)  Compensation is not payable to a party to a deed of agreement relating to the abalone fishery made under this Act or the repealed Act or to any other person for any loss or damage suffered by the party or person because of the application of subsection (2)(b) , (2) (c) or (3) . 11Section 235 amended (Form of infringement notice) Section 235(1)(b) of the Principal Act is amended by omitting subparagraph (v) . 12Section 243 repealed Section 243 of the Principal Act is repealed. 13Abalone rules (1)  The Fisheries (Abalone) Rules 2000  – (a) are taken to have been validly made; and (b) apply on and from 1 January 2000 as if a reference in rule 2 of those rules to the day on which their making is notified in the Gazette were a reference to 1 January 2000. (2)  Rules 8 , 14(1)(c) , 15 and 16 of the Fisheries (Abalone) Rules 2000 are valid despite any inconsistency with any provision of a deed of agreement relating to the abalone fishery made under the Fisheries Act 1959 or the Principal Act. (3)  The Fisheries (Abalone) Rules 2000 are the management plan for the abalone fishery. 14CompensationCompensation is not payable to a party to a deed of agreement relating to the abalone fishery made under this Act or the repealed Act or to any other person for any loss or damage suffered by the party or person because of the application of rules 8 , 14(1)(c) , 15 and 16 of the Fisheries (Abalone) Rules 2000 during the period 1 January 2000 to 31 December 2000.

[Second reading presentation speech made in:

House of Assembly on 20 APRIL 2000

Legislative Council on 1 JUNE 2000]