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TASMANIA
__________
LIVING MARINE RESOURCES MANAGEMENT
AMENDMENT BILL 2007
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 97A inserted
97A. Confirmation of total allowable catches for giant
crab and rock lobster
5. Section 98 amended (Licence allocations)
6. Schedule 4 inserted
Schedule 4 Confirmation of total allowable catches for giant
crab and rock lobster
[Bill 55]-III
2
LIVING MARINE RESOURCES MANAGEMENT
AMENDMENT BILL 2007
(Brought in by the Minister for Primary Industries and Water,
the Honourable David Edward Llewellyn)
A BILL FOR
An Act to amend the Living Marine Resources Management
Act 1995
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:
1. Short title
This Act may be cited as the Living Marine
Resources Management Amendment Act 2007.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
3. Principal Act
In this Act, the Living Marine Resources
Management Act 1995* is referred to as the
Principal Act.
*No. 25 of 1995
[Bill 55] 3
Living Marine Resources Management Amendment Act 2007
Act No. of
s. 4
4. Section 97A inserted
After section 97 of the Principal Act, the
following section is inserted in Division 6:
97A. Confirmation of total allowable catches for
giant crab and rock lobster
Notwithstanding any other provision of
this Division or anything done or caused
to be done under such a provision,
Schedule 4 has effect with regard to the
total allowable catches for the giant crab
and rock lobster fisheries.
5. Section 98 amended (Licence allocations)
Section 98 of the Principal Act is amended by
inserting after subsection (2) the following
subsections:
(3) Notwithstanding any other provision of
this Act, the Minister may issue a special
abalone licence on such licensing
management conditions as he or she
considers appropriate and may, by notice,
vary or revoke any such condition.
(4) A licensing management condition may
be inconsistent with any provision of
Part 4, or of any management plan or
regulations, that provides for the
variation, renewal, transfer or
termination (however described) of
(a) fishing licences; or
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Living Marine Resources Management Amendment Act 2007
Act No. of
s. 5
(b) any rights, quota entitlements or
other benefits (however
described) conferred by fishing
licences; or
(c) any duties imposed by fishing
licences; or
(d) any catch restrictions,
prohibitions or other detriments
(however described) imposed by
fishing licences
and, in that event, the licensing
management condition prevails to the
extent of the inconsistency.
(5) A decision by the Minister to issue a
special abalone licence subject to
licensing management conditions or to
vary or revoke such a condition is
(a) not capable of being made a
prescribed decision under
Division 3 of Part 10; and
(b) not reviewable or appealable
under the Judicial Review Act
2000 or any other law of the
State; and
(c) not a matter in respect of which a
declaratory judgment may be
given; and
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Living Marine Resources Management Amendment Act 2007
Act No. of
s. 5
(d) not a matter in respect of which
any other action or proceeding
may be brought.
(6) However, for special abalone licences
issued before the changeover day,
paragraphs (b), (c) and (d) of
subsection (5) do not apply if the relevant
proceedings were commenced before that
day.
(7) In this section
"changeover day" means the day of
commencement of the Living
Marine Resources Management
Amendment Act 2007;
"licensing management condition"
means a condition of a special
abalone licence that provides for
or regulates in any way the
variation, renewal, transfer or
termination (however described)
of
(a) the licence; or
(b) any rights, quota
entitlements or other
benefits (however
described) conferred by
the licence; or
(c) any duties imposed by the
licence; or
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Living Marine Resources Management Amendment Act 2007
Act No. of
s. 6
(d) any catch restrictions,
prohibitions or other
detriments (however
described) imposed by the
licence;
"special abalone licence" means a
fishing licence issued under
subsection (1), whether before, on
or after the changeover day, that
authorises a person to have a
share of the total allowable catch
for the abalone fishery.
6. Schedule 4 inserted
After Schedule 3 to the Principal Act, the
following Schedule is inserted:
SCHEDULE 4 CONFIRMATION OF TOTAL
ALLOWABLE CATCHES FOR GIANT CRAB AND
ROCK LOBSTER
Section 97A
1. Interpretation
In this Schedule
"TAC" means total allowable catch;
"year" means the period of 12 months
commencing on 1 March in any
year and ending at midnight on
the following 28 February or, in
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Living Marine Resources Management Amendment Act 2007
Act No. of
s. 6
the case of a leap year, 29
February.
2. Confirmation of total allowable catches for
commercial giant crab fishery
(1) The TAC for the commercial giant crab
fishery for the period 13 November 1999
to 29 February 2000, inclusive of both of
those days, is taken to have been and
always been 104 tonnes.
(2) The TAC for the commercial giant crab
fishery for each of the years specified in
column 1 of the following table is taken
to have been and always been the TAC
specified for that year in column 2 of the
table:
Year TAC
1. Year commencing 1 March 2000 100 tonnes
2. Year commencing 1 March 2001 103.5 tonnes
3. Year commencing 1 March 2002 103.5 tonnes
4. Year commencing 1 March 2003 103.5 tonnes
5. Year commencing 1 March 2004 62.1 tonnes
6. Year commencing 1 March 2005 62.1 tonnes
7. Year commencing 1 March 2006 62.1 tonnes
(3) The TAC for the commercial giant crab
fishery for the year commencing
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Living Marine Resources Management Amendment Act 2007
Act No. of
s. 6
1 March 2007 is taken to be and to have
always been 62.1 tonnes.
3. Confirmation of total allowable catch for
rock lobster fishery
(1) The TAC for the commercial rock lobster
fishery for each of the years specified in
column 1 of the following table is taken
to have been and always been the TAC
specified for that year in column 2 of the
table:
Year TAC
1. Year commencing 1 March 1999 1 502.5 tonnes
2. Year commencing 1 March 2000 1 502.5 tonnes
3. Year commencing 1 March 2001 1 502.5 tonnes
4. Year commencing 1 March 2002 1 523.5 tonnes
5. Year commencing 1 March 2003 1 523.5 tonnes
6. Year commencing 1 March 2004 1 523.5 tonnes
7. Year commencing 1 March 2005 1 523.5 tonnes
8. Year commencing 1 March 2006 1 523.5 tonnes
(2) The TAC for the commercial rock lobster
fishery and the recreational rock lobster
fishery for the year commencing
1 March 2007 is taken to be and to have
always been 1 693.5 tonnes.
9