Sharks Bay Pearl Shell Fishery Act 1892 (WA)

esitern au5traita.

ANNO QUINQUAGESINIO QUINTO

VICTORIA] REGINJE.

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No. IX.

AN ACT to authorise the granting of Licenses for Pearl Shell Fishing within the waters of Sharks Bay.

[Assented to, Milt March, 18)92.]

E it enacted by the Queen's Most Excellent Majesty, by and Legislative Assembly of Western Australia, in this present Parlia- ment assembled, and by the authority of the same, as follows:— B with the advice and consent of the Legislative Council and Preamble.

1.	THE Act 50 Viet., No. 14, is hereby repealed.	Repeal.
2.

IN the interpretation of tins Act the following words, within

inverted commas, shall, unless the context otherwise indicates, have

the meanings set against them respectively-

Interpretation.

" Governor "—The officer for the time being administering the Government of the Colony of Western Australia, acting with the advice of the Executive Council:

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Sharks Bay Pearl Shell Fishery.

" Minister "—The responsible Minister of the Crown for the time being appointed by the Governor to administer this Act:

" Inspector "—The Inspector of Pearl Shell Fisheries for

Sharks Bay, appointed by the Governor :

" Regulations "—The Regulations made under this Act.

3.

IT shall be lawful for the Governor to appoint an Inspector, or Inspectors, and such other officers, as may be necessary, to supervise and protect the Pearl Shell Fishery at Sharks Bay, and to carry out the provisions of this Act, and the regulations framed under this Act.

Appointment of

officers.

4.

IT shall be lawful for the Minister or any person duly authorised by the Minister. to grant licenses to any person or persons to gather, collect, and remove pearls and pearl shells in and from the waters of Sharks Bay, as hereinafter mentioned.

Power to issue

licenses.

5.     SUCH licenses shall be of two kinds—an " Exclusive

" Exclusive " and License," which shall give the sole right to gather, collect and

"General" licenses• remove pearls and pearl shells from a specific area defined in the

license and from no other locality ; and a " General License " which shall give a general but not exclusive right to gather, collect, and remove pearls and pearl shells from such portions of Sharks Bay as shall not be held under " Exclusive License," or closed for a specific period under this Act, and the right under a " General License " shall immediately cease over any specific area defined in an " Exclusive License " as soon and as often as any such last- mentioned license may be granted : Provided that the area included in any one " Exclusive License " shall not exceed six square miles.

" EXCLUSIVE " Licenses may be for any period not exceed- ing fourteen years, and "General" Licenses for any period not exceeding one year, at such annual rent in each case as shall be fixed by the Governor, payable in advance, and subject to this Act and the Regulations and such other conditions as the Minister, with the approval of the Governor, may determine. The forms of licenses given in the Schedules may be used, with such variations as may be necessary. A list of all " Exclusive Licenses " issued shall be published in the Government Gazette as soon as practicable after the issue of such licenses.

6.

Term and rent of

licenses.

7.      ALL applications for licenses shall be made to the Minister

How Minister may

deal with applica-	or his duly appointed agent, in such form as he may approve, and
tions.	in the case of an " Exclusive License " shall be accompanied with an accurate description of the area applied for and an application fee

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Sharks Bay Pearl Shell Fishery.

of Twenty shillings. The said Minister 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.

8.      NO license shall be transferred, sublet, or assigned, except Licenses not

with the written permission of the Minister, and on payment of a transferable	without permission.
fee of Ten shillings on application for such permission.

9.     LICENSEES may determine their licenses by giving to the Licenses may be

Minister three months notice of their intention so to do, but no part surrendered.

of the license fee shall in any case be refunded.

ON non-payment of rent according to the license, or the breach or non-observance of any term or condition of a license Jaime may be	, forfeited.
or of the provisions of this Act or the Regulations, 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 Government Gazette.

10.

ALL pearls and pearl shells lying or contained within the limits of any area held under an " Exclusive License" shall, during	Pearl shells, &e., the
property of the
the continuance of the license, be deemed to be the absolute property	licensee.
of the licensee for all purposes 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 such licensed area,
without the authority of the licensee or his agent, shall be deemed	Illegal removal—
guilty of larceny and shall, on summary conviction of such offence	larceny.
before two or more Justices of the Peace in Petty Sessions, be liable to be imprisoned for any term not exceeding two years, with or without hard labor.

11.

12.     IT shall be lawful for the Governor by notice, in the

Portions may

Government Gazette, to close any portion of the waters of Sharks	be closed.
Bay, and to prohibit the gathering, collection, or removal of any pearls or pearl shells from the portion so closed for a specific period, and any person gathering, collecting, or removing any pearls or pearl shells from such closed portion shall be liable, on summary conviction before any two or more Justices of the Peace in Petty Sessions, to a penalty not exceeding One hundred pounds.

SHARKS Bay, for the purposes of this Act, shall include all the waters being within the following limits: Bounded by a	Definition of
Sharks Bay.
South-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 DorrO Islands to Cape St. Crieq ; then by a
straight line to Cape Inscription, at the North end of Dirk Hartog

13.

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Sharks Bay Pearl Shell Fishery.

Island, and by its Western shore to Surf Point ; thence by a straight line to Steep Point on the 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, -

H. FROM and after the first day of March, 1892, it shall not

Penalty for pearling be lawful for any person, except he be the holder of an " Exclusive

without a license.

or General License " under this 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 pearl shells in and from the waters of Sharks Bay, and every person offending against this provision shall be liable, on summary conviction 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 and detained for a period of three

Vessel may bemonths from such seizure; unless such penalty be sooner paid, any seized and sold. and every ship or boat (together with everything on board the same)

used or employed by any such convicted person in the illegal gather- ing, 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 every- thing on board the same, to be forfeited to Her Majesty, and such ship or boat, together with everything 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.

IT shall be lawful for the Governor, from time to time, to make such regulations not being contrary to the provisions of this Act as are necessary, for giving effect thereto, and to alter, amend, or repeal such regulations. Such regulations may provide for the prevention of the collection and removal of immature shell and the destruction thereof ; for ensuring and preserving order among persons engaged in the Fishery ; and for the general supervision and regulation of the Fishery, and for any other matter con- nected therewith. Such by-laws and regulations when published in the Government Gazette, but not sooner or otherwise, shall 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 Fifty pounds.

By-laws and regu- 15.

lations.

16.      ALL penalties for breach of any such by-law or regulation

Penalties. may be recovered by summary proceedings before any one or more

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Sharks Bay Pearl Shell Fishery.

Justices of the Peace in Petty Sessions, according to the provisions of the general law regulating summary procedure before Justices..

17.     THE production of a copy of the Government Gazette con-

taining any by-laws or regulations purporting to be made by virtue

Evidence of by-laws

or regulations.

of this Act shall be received in all Courts of Justice and elsewhere

as evidence of the due making and publication of the same.

18.     SECTIONS lettered A, F, G, and H in the Schedule of

" The Shortening Ordinance, 1853," shall be incorporated with and Incorporation.

taken to form part of this Act to all intents and purposes, and in as

full and ample a manner as if the said sections had been introduced

and fully set forth in this Act.

19.     THIS Act may be cited for all purposes as " The Sharks Short Title.

Bay Pearl Shell Fishery Act, 1892."

In the name and on behalf of the Queen I hereby assent

to this Act.

ALEX. C. ONSLOW, Administrator.

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Sharks Bay Pearl Shell Fishoy.

SCHEDULE.

Form of Exclusive License.

KNOW all men by these presents that A.B., of (if more titan one person, alter form, accordingly), his executors, administrators,

and permitted assigns, is and are hereby licensed, by himself and themselves, 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 Colonial

Treasurer, or his appointee, the yearly sum of £ in advance, in each year.

[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.

This License is issued under " The Sharks Bay Pearl Shell Fishery Act, 1892," and subject to that Act and the regulations made thereunder.

Dated the day of 189 .

[Descri	p
tion of Area licensed.]

Signed

Minister.

Form of General License.

KNOW all men by these presents that A.B., of (if more titan one person, alter form accordingly), his executors, administrators, and

permitted assigns, is and are hereby licensed, by himself and themselves, 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 those portions of the waters of Sharks Bay not closed for a specific period or not held under Exclusive License, for the term of ( months or) one year from the date hereof, he and they paying to the Colonial Treasurer, or his appointee, the

(or monthly) sum of £ in advance.

This license is issued under "The Sharks Bay Pearl Shell Fishery Act, 1892," and subject to that Act and the regulations made thereunder.

Dated the day of 189 .

Signed

Inspector of Sharks Bay Pearl Shell Fishery.

(By authority of the Minister).

By Authority: RICHARD PETHER, Government Printer, Perth.