Pearling Act 1990 (WA)

Western Australia

Western Australia

Pearling Act 1990

An Act to regulate pearling and pearl oyster hatchery activities, to provide for the conservation and management of pearl oyster fisheries, to repeal the Pearling Act 1912 and for connected purposes.

This Act may be cited as the Pearling Act 1990.

The provisions of this Act shall come into operation on such day as is, or such days as are respectively, fixed by proclamation.

• (1)

  In this Act, unless the contrary intention appears —

Australian fishing zone has the same meaning as in the Commonwealth Fisheries Act;

boat includes every type of floating vessel or platform;

CEO means the chief executive officer of the Department;

Committee means Pearling Industry Advisory Committee established under section 38(1);

Commonwealth Fisheries Act means the Fisheries Management Act 1991 of the Commonwealth;

Department has the meaning given by section 4(1) of the Fish Resources Management Act 1994;

farm lease means pearl oyster farm lease issued under section 23(1);

Fisheries Research and Development Account means account referred to in section 238 of the Fish Resources Management Act 1994;

foreign boat has the same meaning as it has in the Commonwealth Fisheries Act;

hatchery activities means all or any of the following activities —

• (a)

  taking, or attempting to take, pearl oyster spat; or

• (b)

  taking, or attempting to take, pearl oysters for breeding stock; or

• (c)

  producing stocks of pearl oysters by acclimatisation, propagation, hatching, breeding, rearing or raising, or attempting to do so; or

• (d)

  moving, dumping, holding, storing or transporting pearl oysters or pearl oyster spat for the purposes of paragraph (a), (b) or (c),

and a reference to a hatchery activity is a reference to one of those activities;

hatchery licence means pearl oyster hatchery licence issued under section 23(1);

hatchery permit means pearl oyster hatchery permit issued under section 23(1);

inspector means inspector referred to in section 35(1) or (2);

licence means pearling licence, hatchery licence, pearl diver’s licence, pearl boat licence or pearl boat master’s licence;

master means person who holds a pearl boat master’s licence;

pearl includes natural or cultured, whole, half, baroque, seedless or blister pearl;

pearl boat licence means pearl boat licence issued under section 23(1);

pearl boat master’s licence means pearl boat master’s licence issued under section 23(1);

pearl culture techniques includes any technique or practice used to produce, or encourage the production of, pearls from pearl oysters;

pearl diver’s licence means pearl diver’s licence issued under section 23(1);

pearl oyster means pearl oyster of any of those species of pearl oysters declared under section 6 to be pearl oysters to which this Act applies and includes the shell of the pearl oyster and any pearl contained in that shell;

pearl oyster farm means area specified as a pearl oyster farm in a farm lease;

pearling means all or any of the following…