Living Marine Resources Management Amendment Act 2005 (TAS)

Living Marine Resources Management Amendment Act 2005

An Act to amend the Living Marine Resources Management Act 1995

[Royal Assent 6 May 2005]

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 2005 . 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 78 amended (Grant of licence) Section 78 of the Principal Act is amended by inserting after subsection (2) the following subsection: (2A)  The Minister must not grant a licence under this section if the application is for a licence to replace a licence that has been surrendered or cancelled or has ceased to be in force under section 247 . 5Sections 99A and 99B insertedAfter section 99 of the Principal Act , the following sections are inserted in Division 7: 99AExclusion of rule against perpetuities The rule of law commonly known as the rule against perpetuities does not apply, and is taken to have never applied, to an interest created by a deed of agreement. 99BRight of certain persons holding abalone quotas to transfer to new deed of agreement (1)  A person who is entitled to an abalone quota unit, under an abalone deed of agreement in force immediately before the commencement of the Living Marine Resources Management Amendment Act 2005 , may, by notice in writing given to the Secretary on or before 1 November 2005, elect that the deed of agreement set out in Schedule 3 is to apply to him or her in respect of that abalone quota unit. (2)  On an election under this section, the following provisions apply in respect of the relevant abalone quota unit: (a) the person making the election is taken for all legal purposes to have entered into the deed of agreement set out in Schedule 3 and to have been granted a licence under this Act to take abalone in accordance with the provisions of the deed; (b) the licensee has all the rights and obligations arising from that deed of agreement; (c) those rights and obligations continue with modifications the rights and obligations that the licensee had under any previous deed of agreement and the latter rights and obligations cease to have effect. (3)  Nothing in this section affects – (a) any civil liability of a licensee that was not discharged before the election under subsection (1) ; or (b) any criminal liability of a licensee arising from any failure to comply with any previous deed of agreement or any requirement of this Act. (4)  On an election under subsection (1) , the licensee is liable with effect from 1 January 2005 to pay – (a) the access charge provided by clause 5.1 of the deed of agreement set out in Schedule 3 ; and (b) any fees payable under clause 5.2 of that deed. 6Schedule 3 insertedAfter Schedule 2 to the Principal Act , the following Schedule is inserted: Schedule 3Abalone Deed of Agreement

Section 99B(1) and (4)

[Second reading presentation speech made in:

House of Assembly on 12 APRIL 2005

Legislative Council on 14 APRIL 2005]