Sharks Bay Pearl Shell Fishery Act 1886 (WA)
Micotern giusitratia.
ANNO QUINQUA.GESIMO
VICTORIIE REGINIE.
-ifi**fiw:h
No. XIV.
AN ACT to authorise the granting of Exclusive Licenses, within defined areas in the waters of Sharks Bay, for Pearl Shell Fishing.
[ Assented to, 28th July, 1886.]
| consent of the Legislative Council thereof, as follows :— | BE it enacted by His Excellency the Governor of Western Aus- |
tralia and its Dependencies, by and with the advice and Preamble.
| 1. | IT shall be lawful for the Commissioner of Crown Lands, with . | glileiittettiomp‘3e |
the approval of the Governor, to grant licenses to any person or
persons to gather, collect, and remove pearls and pearl shells in within defined area
and from the waters of Sharks Bay, within a defined area to be
specified in every such license.
EVERY such license shall be hi the form in the Schedule
missioner of Crown Lands and countersigned by the Governor ; and
every such license shall entitle the licensee, his agents and servants, Effect
to the sole right to gather, collect, and remove pearls and pearl shells
within and from the area defined in the license.
| hereto annexed, or to the like effect, and under the hand of the Com- Form of been | 2. |
50° VICTORIZE, No. 14.
The Sharks Bay Pearl Shell Fishery Act, 1886.
3. LICENSES may be for any period not exceeding three years,
Licenses not to ex- and at such annual fee, payable in advance, and subject to such con-
| eeed three years, and ditions (to be expressed in the license) as the Commissioner of Crownmay be subject to | conditions. | Lands, with the approval aforesaid, may determine. |
4. ALL applications for licenses shall be made to the Commis.
Hew commissioner sioner of Crown Lands, in such form as he may approve, and shall beof Crown Lands may deal With applica- accompanied with an accurate description of the area applied for and tions• an application fee of Twenty shillings. The said Commissioner shall
not be bound to receive or entertain any such application, and he may invite tenders for any license or licenses, but shall not be bound to accept the highest or any tender.
5. NO license shall be transferred, sublet, or assigned, except
| License may be | with the written permission of the Commissioner of Crown Lands, |
| transferred | with |
| permission. | countersigned by the Governor, and on payment of a fee of Ten shillings on application for such permission. |
3. LICENSEES may determine their licenses by giving to the
Licenses may
| surrendered. | be Commissioner of Crown Lands three months notice of their intention so to do, but no part of the license fee shall in any case be refunded. |
7. ON non-payment of rent on the day named in the license,
License may be or the breach or non-observance of any term or condition of forfeited. a license, the Governor may declare such license forfeited, and
thereupon the same shall be absolutely void, and notice of any such declaration of forfeiture shall be forthwith published in the Govern-
ment Gazette.
8. ALL pearls and pearl shells lying or contained within the
| Pearl shells, Mo., the limits of any licensed area shall, during the continuance of the license, | property of the | |
|
civil or criminal; and all and every person or persons who shall gather, collect, or remove any pearl or pearl shells within or from the limits of a licensed area, without the authority of the licensee or his
Illegal removal— agent, shall be deemed guilty of larceny and shall, on summary con-
larceny. viction of such offence before two or more Justices of the Peace in
Petty Sessions, be liable to be imprisoned for any term not exceed- ing two years, with or without hard labor.
9.
SHARKS Bay, for the purposes of this Act, shall include all west line from Charles Point, on the mainland, to Cape Ronsard, at the North end of Bernier Island ; then by the western shores of Bernier and Dorrê Islands to Cape St. Cricq ; then by a straight line to Cape Inscription, at the North end of Dirk Hartog Island, and by its Western shore to Surf Point ; thence by a straight line to Steep
| Bay. | Definition of Sharks the waters being within the following limits : Bounded by a South- |
50° ATICTORLE, No. 14.
The Sharks Bay Pearl Shell Fishery Act, 1886.
point on die mainland, and from thence by the coast-line to the starting place at Charles Point ; and on the inner part by the outlines of the islands in the Bay.
| FROM and after the first day of October, 1886, it shall. not he lawful for any person, except he be licensed under this withot;■; a. license. | Penalty for pearling; |
| Act or be the agent or servant of or otherwise authorised by a person holding a license under this Act and be pearling within the area held under any such license, to gather, collect, or remove pearls or pcal shells hi and from the waters of Sharks Bay, and every person offending against this provision shall be liable, on summary con- viction before any two or more Justices of the Peace in Petty | |
| Sessions, to a penalty not exceeding One hundred pounds, and upon | |
| such conviction the convicting Justices may cause to be seized mid detained for a period of three months from such seizure, unless such penalty be sooner paid, any and every ship or boat (together with | |
| Vessel may be | |
| everything on board the same) used or employed by any such | seizesi and s'old. |
| convicted person in the illegal gathering, collection, or removal of any•such pearls or pearl shells, and at the expiration of such period of three months shall, unless the penalty be then paid, declare such ship or boat, together with everything on board the same, to be forfeited to Her Majesty, and such ship or boat, together with every- thing on board the same, shall thereupon be forfeited accordingly, and shall be sold and the proceeds dealt with as the proceeds of a penalty. Provided always, that notwithstanding anything in this section contained the payment of any such penalty, or so much thereof as shall not be realised by such sale as aforesaid, may be enforced by any means provided by law for the general enforcement of penalties. |
10 .
11. IT shall be lawful for the Commissioner of Crown Lands to 13y-laws
make, alter, amend, or repeal such by-laws and regulations as to idioms
him may seem meet:
1. For the prevention of the collection and removal of
immature shell and the destruction thereof.
2. For ensuring and preserving order among persons engaged
in the Fishery, and
3. For the general supervision and regulation of the Fishery.
Such by-laws and regulations shall, when confirmed by the Governor
in Council and published in the Government Gazette, but not sooner
or otherwise, have the force of law, and shall state some maximum penalty for any neglect or breach thereof respectively ; provided that no such penalty shall exceed the sum of Five pounds.
| may be recovered by summary proceedings before any one or more Penalties | 12. ALL penalties for breach of any such by-law or regulation |
50" VICTOR' TA, No. 14.
The Sharks Bay Pearl Shell Fishec3 Act, 1886.
Justices of the Peace in Petty Sessions, according to the provisions of the general law regulating summary procedure before Justices.
13. THE production of a copy of the Government Gazette eon-
| Eviaence of by-laws taming any by-laws or regulations purporting to be made by | or regulations. |
virtue of this Act shall be received in all Courts of Justice and else- where as evidence of the due making, confirmation, and publication of the same.
14. SECTIONS lettered A, F, G, and H in the Schedule of
Incorporation. " The Shortening Ordinance, 1853," shall be incorporated with and
taken to form part of this Act to all intents and purposes, and hi as full and ample a manner as if the said sections had been introduced. and fully set forth in this Act.
| Short title. | 15. | THIS Act may be cited for all purposes as " The Sharks. |
Bay Pearl Shell Fishery Act, 1886."
In the name and on behalf of the Queen I hereby assent
to this Act.
F. NAPIER BROOME, Governor.
50" VICTORI1E, No. 14.
The Sharks Bay Pearl Shell Fishery Act, 1886.
SCHEDULE.
KNOW all men by these presents that A.B., of (if more than one person, alter form accordingly), his executors, administrators, and permitted assigns, is and are hereby licensed, by himself and them- selves, and his and their agents and servants, to gather and collect Pearls and Pearl Shells by dredging or otherwise, and to remove the same within and from the waters of Sharks Bay within the area described hereunder, for the term of years from the date hereof, he and they paying to the Commissioner of Crown Lands, or his appointee, the yearly sum of £ in advance, on every day of without deduction.
[Here insert any special conditions.]
On non-payment of rent or the breach or non-observance of any term or condition of this License, the Governor may declare the same forfeited.
Issued under " The Sharks Bay Pearl Shell Fishery Act, 1886."
| Dated the | day of | 188 . |
[Description of Area licensed.]
Signed
Commissioner of Crown Lands.
Countersigned
Governor.
By Authority : RICHARD PETHER, Government Printer, Perth
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