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This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
LIVING MARINE RESOURCES MANAGEMENT
AMENDMENT BILL 2005
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 78 amended (Grant of licence)
5. Sections 99A and 99B inserted
99A. Exclusion of rule against perpetuities
99B. Right of certain persons holding abalone quotas to
transfer to new deed of agreement
6. Schedule 3 inserted
Schedule 3 Abalone Deed of Agreement
[Bill 9]-IV
2
LIVING MARINE RESOURCES MANAGEMENT
AMENDMENT BILL 2005
This Public Bill originated in the House of Assembly, and, having this day passed, is now
ready for presentation to the Legislative Council for its concurrence.
P. R. ALCOCK, Clerk of the House
12 April 2005
(Brought in by the Minister for Primary Industries and Water,
the Honourable Steven Kons)
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 2005.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
[Bill 9] 3
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Amendment
3. Principal Act
In this Act, the Living Marine Resources
Management Act 1995* is referred to as the
Principal Act.
4. Section 78 amended (Grant of licence)
Section 78 of the Principal Act is amended by
inserting after subsection (2) the following
subsection:
(2A) The Minister must not grant a licence
under this section if the application is for
a licence to replace a licence that has
been surrendered or cancelled or has
ceased to be in force under section 247.
5. Sections 99A and 99B inserted
After section 99 of the Principal Act, the
following sections are inserted in Division 7:
99A. Exclusion of rule against perpetuities
The rule of law commonly known as the
rule against perpetuities does not apply,
and is taken to have never applied, to an
interest created by a deed of agreement.
99B. Right of certain persons holding abalone
quotas to transfer to new deed of agreement
(1) A person who is entitled to an abalone
quota unit, under an abalone deed of
*No. 25 of 1995
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2005 Living Marine Resources Management No. s. 5
Amendment
agreement in force immediately before
the commencement of the Living Marine
Resources Management Amendment Act
2005, may, by notice in writing given to
the Secretary on or before
1 November 2005, elect that the deed of
agreement set out in Schedule 3 is to
apply to him or her in respect of that
abalone quota unit.
(2) On an election under this section, the
following provisions apply in respect of
the relevant abalone quota unit:
(a) the person making the election is
taken for all legal purposes to
have entered into the deed of
agreement set out in Schedule 3
and to have been granted a
licence under this Act to take
abalone in accordance with the
provisions of the deed;
(b) the licensee has all the rights and
obligations arising from that deed
of agreement;
(c) those rights and obligations
continue with modifications the
rights and obligations that the
licensee had under any previous
deed of agreement and the latter
rights and obligations cease to
have effect.
(3) Nothing in this section affects
(a) any civil liability of a licensee
that was not discharged before
5
s. 6 No. Living Marine Resources Management 2005
Amendment
the election under subsection (1);
or
(b) any criminal liability of a licensee
arising from any failure to
comply with any previous deed of
agreement or any requirement of
this Act.
(4) On an election under subsection (1), the
licensee is liable with effect from
1 January 2005 to pay
(a) the access charge provided by
clause 5.1 of the deed of
agreement set out in Schedule 3;
and
(b) any fees payable under clause 5.2
of that deed.
6. Schedule 3 inserted
After Schedule 2 to the Principal Act, the
following Schedule is inserted:
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2005 Living Marine Resources Management No. s. 6
Amendment
SCHEDULE 3 ABALONE DEED OF AGREEMENT
Section 99B(1) and (4)
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Amendment
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18 Government Printer, Tasmania