Living Marine Resources Management (Rules) Amendment Act 1997
An Act to amend the Living Marine Resources Management Act 1995
[Royal Assent 2 September 1997]
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 (Rules) Amendment Act 1997 . 2CommencementThis Act commences on the day after the day on which it receives the Royal Assent. 3Principal ActIn this Act, the Living Marine Resources Management Act 1995 is referred to as the Principal Act. 4Section 6 amended (Meaning of fishery)Section 6 of the Principal Act is amended as follows: (a) by inserting "(1)" before "A fishery"; (b) by inserting the following subsection: (2) A fishery includes the activity of processing or handling fish. 5Section 33 substituted Section 33 of the Principal Act is repealed and the following section is substituted: 33Rules (1) The Minister may make rules in respect of – (a) a management plan; or (b) a fishery in respect of which there is no management plan; or (c) any other matter under this Act. (2) Rules in respect of a management plan take effect on a date specified in the rules that is a date after the provisions of Division 2 of this Part have been complied with. (3) The Minister must – (a) consult with the relevant fishing body before making any rules under subsection (1)(b) or (c) ; and (b) notify any proposed rules by public notice. 6Section 36 amended (Entitlement rules) Section 36 of the Principal Act is amended as follows: (a) by omitting from paragraph (a) "and specified" and substituting "or specified"; (b) by inserting the following paragraph after paragraph (a) : (ab) the number and nature of an entitlement; (c) by inserting in paragraph (g) "transfer or" before "temporary". 7Section 37 amended (Prohibited and permitted fishing rules) Section 37 of the Principal Act is amended by omitting "relating to the prohibition of fishing". 8Section 38 amended (Rules relating to vessels and apparatus) Section 38 of the Principal Act is amended as follows: (a) by omitting from paragraph (f) "fishery." and substituting "fishery;"; (b) by inserting the following paragraphs after paragraph (f) : (g) vessels used for fishing for commercial purposes; (h) vessels used for carrying fish for commercial purposes; (i) charter vessels used for recreational fishing; (j) charter vessels used for non-exploitative use of fish; (k) the use of any vessel for any of the purposes referred to in paragraphs (g) , (h) , (i) and (j) ; (l) the use of vessels for storing, dealing, processing or treating fish; (m) the carrying of any firearm, explosive or toxic or poisonous substance on any vessel used for fishing. 9Section 40 amended (Miscellaneous matters)Section 40(2) of the Principal Act is amended by inserting the following paragraphs after paragraph (b): (ba) the limits for taking or possessing fish for recreational fishing; and (bb) the manner in which fish containers and receptacles are to be marked, tagged and notified; and (bc) the type, volume and marking of containers and receptacles containing fish; and (bd) the marking of fish; and 10Sections 40A, 40B, 40C and 40D insertedAfter section 40 of the Principal Act, the following sections are inserted: 40ARules relating to fish processing Rules may be made in respect of the following: (a) fish processing; (b) the manner in which, and the means by which, fish may be unloaded, delivered, consigned or transported for processing; (c) the manner in which fish are received, transported or stored; (d) the marking and labelling of receptacles and containers in which fish are received or stored; (e) the dimensions of those receptacles and containers; (f) the treatment of, and dealing with, processed fish; (g) the processing of fish; (h) any premises, place, vessel or vehicle on or in which fish are stored; (i) the quality and quantity of fish for sale within the State or for export. 40BRules relating to handling Rules may be made in respect of the following: (a) the manner in which, and the means by which, fish may be unloaded, delivered, consigned or transported by handlers; (b) the manner in which fish are received or stored by handlers; (c) the manner in which fish may be exported; (d) the type of receptacle or container in which fish may be exported; (e) the marking and labelling of receptacles and containers in which fish are received or stored; (f) the dimensions of those receptacles and containers; (g) the composition of water or other packing material in which fish are placed when being exported. 40CRules relating to fish and fishing Rules may be made in respect of the following: (a) reporting or notifying the landing and receiving of any fish; (b) the non-exploitative use of fish; (c) the possession of – (i) the flesh or other part of any specified class of fish; and (ii) any specified class of mutilated or disfigured fish; (d) the prevention of destruction or wastage of fish; (e) any activities that interfere with, or obstruct, fishing; (f) the size, weight or any other characteristics of fish which may be taken, possessed, offered for sale, sold or purchased; (g) the sale and purchase of fish; (h) the landing, surrender to the Crown and sale of fish taken in contravention of this Act; (i) the naming of fish and prohibiting of the sale of fish except under specified names. 40DGeneral provisions relating to rules (1) Rules may be made so as to apply differently according to any matter, condition, limitation, restriction, exception or circumstance specified in the rules. (2) Rules may adopt or incorporate the whole or any part of any document, standard, rule, code, specification or method, with or without modification, issued, prescribed or published by any person or body before or after the rules take effect. 11Section 41 insertedAfter section 41 of the Principal Act, the following section is inserted: 41AManagement plan prevails Any provision of a management plan which is inconsistent with any provision of any rules made under this Division prevails over the latter provision to the extent of that inconsistency. 12Section 49 amended (Order changing management plan)Section 49 of the Principal Act is amended by inserting the following subsection after subsection (2): (2A) 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. 13Section 50 amended (Notification of changes to management plan) Section 50 of the Principal Act is amended as follows: (a) by omitting from subsection (2) "licensee" and substituting "person holding a licence for commercial purposes"; (b) by inserting the following subsection after subsection (2) : (3) The Secretary, by public notice, may publish a notice referred to in subsection (2) . 14Section 57 amended (Notification of alteration of management plan)Section 57 of the Principal Act is amended by omitting from subsection (2) "licensee" and substituting "person holding a licence for commercial purposes who is". [Second reading presentation speech made in:
House of Assembly on 12 AUGUST 1997
Legislative Council on 20 AUGUST 1997]