LIVING MARINE RESOURCES MANAGEMENT ACT 1995
- Act 25 of 1995 - Royal Assent 15 September 1995Table of Provisions
Long TitlePART 1 - Preliminary Division 1 - Definitions and applications
- 1 Short title
- 2 Commencement
- 3 Interpretation
- 4 Meaning of fish
- 5 Meaning of State waters
- 6 Meaning of fishery
- 6A Meaning of possession
- 7 Purpose and objectives
- 8 Act binds Crown
- 9 Ownership of living marine resources
- 10 Effect of Act
Division 2 - Permits and exemptions
- 11 Exemption from Act
- 12 Permits
- 13 Grant of permit
- 14 Issue of permit
- 15 Condition of permit
- 15A Permit for conduct of research activities under arrangement
- 16 Duration of permit
- 17 Revocation of permit
PART 2 - Administration Division 1 - General matters
- 18 Function of Minister
- 19 Powers of Minister
- 20 Delegation
- 21 Consultation with police
- 22 Inquiries
- 23 Bequests and donations
- 24 Immunity from liability
Division 2 - Associations and codes of practice
- 25 Fishing bodies
- 26 Section 26
- 27 Advisory committees
- 28 Preparation of draft code of practice
- 29 Matters included in a draft code of practice
- 30 Approval of code of practice
- 31 Commencement of code of practice
PART 3 - Fisheries Management Division 1 - Rules relating to
fisheries- 32 Management plan
- 33 Rules
- 34 Fishing licence rules
- 35 Fishery capacity rules
- 35A Rock lobster quota unit rules
- 36 Entitlement rules
- 37 Prohibited and permitted fishing rules
- 38 Rules relating to vessels and apparatus
- 39 Rules relating to fish and fishing
- 40 Miscellaneous matters
- 40A Rules relating to fish processing
- 40B Rules relating to handling
- 40C Rules relating to fish and fishing
- 40D General provisions relating to rules
- 41 Rules prevail
- 41A Management plan prevails
- 42 Offences and penalties
Division 2 - Procedures for management plans
- 43 Decisions to prepare management plan
- 44 Public exhibition of draft management plan
- 45 Interim management plan
- 46 Consideration of representations
- 47 Approval of draft management plan
- 48 Notification of approval of draft management plan
- 48A Correction of management plan
Division 3 - Changes, review and revocation
- 49 Order changing management plan
- 50 Notification of changes to management plan
- 51 Period of order
- 52 Suspension of substituted provision
- 53 Review of management plan
- 54 Notification of proposed alteration
- 55 Recommendations after review
- 56 Acceptance of recommendation
- 57 Notification of alteration of management plan
- 58 Revocation of management plan
- 59 Emergency order
PART 4 - Licences, Quotas and Agreements Division 1 - Fishing
licences- 60 Fishing licence
- 61 Authority of fishing licence
- 62 Conditions of fishing licence
- 63 Fishing certificate
Division 2 - Marine farming licence
- 64 Marine farming licence
- 65 Authority of marine farming licence
- 66 Conditions of marine farming licence
- 66A Marine farming licence depends on marine farming lease
Division 3 - Fish processing licences
- 67 Fish processing licence
- 68 Processing fish
- 69 Storing fish
- 70 Conditions of fish processing licence
Division 4 - Handling licences
- 71 Handling licence
- 72 Authority of handling licence
- 73 Conditions of handling licence
- 74 Records and information
Division 5 - General provisions relating to licences
- 74A Interpretation of Division
- 75 Guidelines
- 76 Management plan prevails
- 76A Eligible person
- 76B Suitability of person to be eligible person
- 76C Certain persons taken to be eligible persons
- 76D Review of approval as eligible person
- 76E Licence depends on holders approval as eligible person
- 77 Applications in relation to a licence
- 77A Licensing agent
- 78 Grant of licence
- 78A Section 78A
- 79 Issue of licence
- 80 Term of licence
- 81 Renewal of licence
- 82 Transfer of licence
- 83 Variation of licence
- 84 Damages in respect of transfer or variation of licence
- 85 Effectiveness of licences
- 86 Section 86
- 86A Compliance with conditions
- 87 Prohibition on use of licence by other persons
- 88 Substitute licensee
- 89 Supervision of activities
- 90 Cancellation or suspension of licence
- 91 Section 91
- 92 Surrender of licence
- 92A Notification of Director, EPA of certain matters
Division 6 - Allocation arrangements
- 93 Declaration of a quota management
- 94 Total allowable catch provisions
- 95 Determination of total allowable catch
- 96 Allocation of total allowable catch
- 97 Appeals against allocations of total allowable catch
- 97A Confirmation of total allowable catches for giant crab and rock lobster
- 98 Licence allocations
Division 6A - Rock lobster quota
- 98A Section 98A
- 98B Section 98B
- 98C Allocation of rock lobster quota units
- 98D Section 98D
- 98E Section 98E
- 98F Section 98F
- 98G Section 98G
- 98H Section 98H
- 98I Section 98I
- 98J Section 98J
- 98K Section 98K
- 98L Section 98L
Division 7 - Specified agreements
- 99 Deed of agreement
- 99A Exclusion of rule against perpetuities
- 99B Right of certain persons holding abalone quotas to transfer to new deed of agreement
- 99C Fee payable under new deed of agreement
- 100 Commercially protected fish
- 101 Section 101
- 102 Section 102
- 103 Section 103
PART 5 - Protection of Marine Areas and Habitats Division 1 -
Rules relating to certain areas and habitats- 104 Rules
Division 2 - Marine resources protected areas
- 105 Marine resources protected area
- 106 Marine resources protected area management plan
- 107 Public exhibition of draft marine resources protected area management plan
- 108 Restriction on powers under other Act
- 109 Consideration of representations
- 110 Approval of draft marine resources protected area management plan
- 111 Notification of approval of draft marine resources protected area management plan
- 112 Marine resources protected area
- 113 Compliance with marine management plan
- 114 Inconsistent management plan
- 115 Managing authority for marine resources protected area
- 116 Functions of managing authority
- 117 Powers of managing authority
Division 3 - Habitat protection plans
- 118 Habitat protection plan
- 119 Public exhibition of habitat protection plan
- 120 Approval of habitat protection plan
- 121 Amendment of habitat protection plan
- 122 Approval of amended habitat protection plan
- 123 Revocation of habitat protection plan
- 124 Inconsistency of habitat protection plan
Division 4 - Release and importation of fish
Division 5 - Noxious fish
- 127 Declaration of noxious fish
- 128 Sale of noxious fish
- 129 Possession of noxious fish
- 130 Destruction of noxious fish
Division 6 - General provisions
- 131 Prohibition of certain activities
- 132 Approvals for activities
- 133 Conditions of approval
- 134 Revocation of approval
- 135 Protection of species
- 136 Notice to restore fish habitat
- 137 Minister may take action
- 138 Activities causing detrimental effect
- 139 Protection of marine plant
- 140 Conflict of power
PART 6 - Research, Records and Development Division 1 - Research
- 141 Research into living marine resources
- 142 Research priorities and co-operation
- 143 Research areas
Division 2 - Records
- 144 Collection of information
- 145 Records
- 145A Approval of electronic record system
- 145B Submission of documents electronically
Division 3 - Scientific observer scheme
- 146 Scientific observer scheme
- 147 Scientific observers
- 148 Notice of intention to place scientific observer on fishing vessel
- 149 Powers of scientific observer
- 150 Functions of scientific observer
- 151 Food and accommodation
PART 7 - Joint Management of Certain Fisheries Division 1 - Joint
Authorities- 152 Management of fishery by Joint Authority
- 153 General functions and powers of Joint Authority
- 154 Powers relating to licence
- 155 Delegation
- 156 Termination of arrangement
- 157 Application of provisions relating to offences
- 158 Report of a Joint Authority
- 159 Documents
- 160 Judicial notice of membership of Joint Authority
Division 2 - Arrangements with Commonwealth
- 161 Arrangements with Commonwealth
Division 3 - Agreements with Commonwealth and other States
- 162 Agreements with Commonwealth and other States
Division 4 - General
- 163 Non-application of Part
PART 8 - Fisheries Officers Division 1 - Appointment of fisheries
officers and assistant fisheries officers- 164 Appointment of fisheries officer
- 165 Appointment of assistant fisheries officer
- 166 Production of identity card
- 167 Return of identity card
- 168 Interests of fisheries officers
Division 2 - General powers
- 169 Limited police powers
- 170 Police officer
- 171 Naval officer
- 172 Assistant fisheries officer
- 173 Minimising damage
Division 3 - Entry, inspection and search
- 174 Entry and inspection of land and premises
- 175 Search of non-residential premises
- 176 Search of residential premises
- 177 Entry and search of train and aircraft
- 178 Entry into waters
- 179 Search of place
Division 4 - Vessels and vehicles
- 180 Boarding and searching vessel
- 181 Stopping vessel or vehicle
- 182 Securing vessel, vehicle, land and premises
- 183 Detaining vessel
- 184 Use of vessel or vehicle
- 185 Fisheries officer on board vessel
- 186 Pursuit of vessel or person
Division 5 - Miscellaneous powers
- 187 Examination of fish
- 188 Apparatus and equipment
- 189 Opening and unlocking vessel, door or container
- 190 Production of things
- 191 Production of records and documents
- 192 Production of authorisation
- 193 Photographs, sketches, measurements and recordings
- 194 Examination and inquiry
- 195 Assistance
- 196 Information requirements
Division 6 - Warrants
Division 7 - Arrest and seizure
- 199 Arrest
- 200 Seizure of fish, vessels and other things
- 201 Seizure of abandoned apparatus and fish
- 202 Interference with seized property
Division 8 - Offences
- 203 Offences against fisheries officer
- 204 Contravention of requirement, direction or signal
- 205 Refusing search
- 206 Impersonation of fisheries officer
PART 9 - Enforcement Division 1 - General provisions
- 207 Legal proceedings
- 208 Limitation of time for complaints
- 209 Defence for accidental taking of fish
Division 2 - Responsibilities of certain persons
- 210 Liability of master of vessel
- 211 Liability of employer
- 212 Liability of person concerned in management of body corporate
- 213 Liability of holder of authorisation regarding offence by agent
- 213A Liability of holder of licence regarding offence by supervisor
- 214 Liability of supervisors
Division 3 - Evidentiary provisions
- 215 Proof of certain facts
- 215A Service, &c., of documents, records and other information
- 216 Evidence relating to place and fish
- 217 Evidence vessel was a foreign boat
- 218 Evidence of contents of package
- 219 Proof fish were taken for sale
- 220 Presumption of purpose of sale
- 221 Certificates relating to licensing and statistical matters
- 222 Evidence of scientific matters
- 223 Accuracy of measuring equipment
- 224 Amendments
Division 4 - Forfeiture
- 225 Forfeiture on conviction
- 226 Forfeiture on acceptance of infringement notice
- 227 Forfeiture on seizure
- 228 Forfeiture if owner is not found
- 229 Sale or disposal
- 230 Application to buy a forfeited thing
- 231 Release of seized property
- 232 Return of seized things
- 233 Live fish returned to water
Division 5 - Infringement notices
- 234 Infringement notices
- 235 Payments into Public Account
- 236 Section 236
- 237 Section 237
- 238 Section 238
- 239 Section 239
- 240 Section 240
- 241 Section 241
Division 6 - Demerit points
- 242 Allocation of demerit points on conviction
- 243 Section 243
- 244 Allocation of demerit points
- 245 Period for which demerit points remain in force
- 246 Permanent disqualification from obtaining licence
- 246A Temporary disqualification from obtaining licence
- 247 Accumulation of demerit points suspends licence, &c.
- 248 Transfer of demerit points
- 249 Section 249
- 250 Section 250
Division 7 - Control orders
- 251 Application for control order
- 252 Draft control order
- 253 Issue of control order
- 254 Variation or revocation of control order
Division 8 - Miscellaneous offences
- 255 Use of explosives and substances
- 255A Possession and use of trawl nets
- 256 Interfering with fishing
- 257 Interfering with apparatus
- 258 Use of foreign boat
- 259 Foreign boat equipped with apparatus
- 260 Interfering with licensee
- 261 Permitting use of premises
- 262 Possession, purchase or sale of illegally taken fish
- 263 False and misleading statements
Division 9 - Indictable offences
- 263A Prosecution of offences
- 264 Unlawful possession of fish
- 264A Trafficking in fish
- 265 False or misleading records
- 266 Application of certain Act
Division 10 - Special penalties
PART 10 - Miscellaneous Division 1 - Disease and pests
- 270 Biosecurity dealing with marine pests and diseases
- 271 Order relating to diseased areas
- 272 Requirements made by order
- 273 Notification of order
Division 1A - Electronic decision making
- 273A Interpretation
- 273B Approval of computer program
- 273C Replacing an electronic decision
- 273D Evidence of whether computer is functioning correctly
Division 2 - Fees, charges and royalties
- 274 Fees, charges and royalties
- 275 Variation of fees, charges and royalties
- 276 Recovery of unpaid fees, charges and royalties
- 277 Payments into Public Account
- 278 Account for fees, charges and royalties
- 279 Industry levy
Division 3 - Reviews of decisions
- 280 Notification of right of review
- 281 Application for review of decision
- 282 Review of decision
- 283 Appeal to Appeal Tribunal
- 284 Validity of decision
Division 4 - Regulations
- 285 Regulations in general
- 286 Regulations relating to vessels
- 287 Regulations relating to fish processing
- 288 Regulations relating to handling
- 289 Regulations relating to marine resources protected areas
- 290 Regulations relating to fish habitats
- 291 Regulations relating to noxious fish
- 292 Regulations relating to arrangements
- 293 Regulations relating to disease
- 294 Regulations relating to fees, charges and royalties
- 295 Regulations relating to fish and fishing
- 296 Regulations relating to miscellaneous matters
Division 5 - Miscellaneous matters
- 297 Evidence
- 298 Register
- 298A Application to magistrate for correction of demerit points entry in register
- 299 Rewards to informers
- 300 Compensation not payable
- 301 Whole weight of fish
- 302 Section 302
- 303 Identification of boundaries
- 304 Disclosure of interest by employees
- 305 Fish taken commercially
- 306 Section 306
- 307 Orders not statutory rules
- 308 Savings and transitionals
- 309 Repeals
- 310 Section 310 SCHEDULE 1 SCHEDULE 2 SCHEDULE 3 SCHEDULE 4
[ Note: This table has been automatically generated and may be incomplete. ]