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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
LEGISLATIVE ASSEMBLY
Fish Resources Management Amendment Bill
1999
A Bill for
An Act to amend the Fish Resources Management Act 1994.
The Parliament of Western Australia enacts as follows:
1. Short title
This Act may be cited as the Fish Resources Management
Amendment Act 1999.
page 1
78--1
Fish Resources Management Amendment Bill 1999
s. 2
2. Commencement
This Act comes into operation on a day fixed by proclamation.
3. The Act amended
The amendments in this Act are to the Fish Resources
5 Management Act 1994*.
[* Act No. 53 of 1994.
For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, pp. 95-6.]
4. Section 3 amended
10 Section 3(2)(c) is amended by deleting "and aquatic
eco-tourism" and inserting instead --
" , aquatic eco-tourism and other tourism reliant on fishing ".
5. Section 4 amended
Section 4(1) is amended by inserting in the appropriate
15 alphabetical position the following definition --
"
"fishing tour" means a tour a central purpose of which
is to provide an opportunity for recreational
fishing and may include the provision of fishing
20 guidance, fishing gear, accommodation or
transport;
".
6. Section 33 amended
Section 33(2) is amended as follows:
25 (a) by deleting "14" and inserting instead --
" 15 ";
page 2
Fish Resources Management Amendment Bill 1999
s. 7
(b) after paragraph (c) by inserting --
"
(ca) one is to be a person appointed by the Minister
who in the Minister's opinion represents
5 interests involved in fishing tours, aquatic
eco-tourism and charter boats used for
recreational fishing;
".
7. Section 191 amended
10 Section 191(1)(r)(ii) is amended by inserting after
"aquaculture" --
" , fishing tours ".
8. Section 202A inserted
After section 202 the following section is inserted --
15 "
202A. Liability of person in charge of a fishing tour
(1) If a person (in this section referred to as "the principal
offender") commits an offence against this Act while
taking part in a fishing tour, the person in charge of the
20 fishing tour is taken to have committed the same
offence.
(2) It is a defence in proceedings against a person in
charge of a fishing tour for an offence against this Act
(by the application of subsection (1)) for that person to
25 prove that --
(a) he or she issued proper instructions and took
reasonable precautions to ensure compliance
with this Act;
page 3
Fish Resources Management Amendment Bill 1999
s. 9
(b) the offence was committed by the principal
offender without the knowledge of the person
in charge of the fishing tour; and
(c) he or she could not by the exercise of
5 reasonable diligence have prevented the
commission of the offence.
(3) A person in charge of a fishing tour may be proceeded
against and convicted of an offence against this Act by
virtue of subsection (1) whether or not the principal
10 offender has been proceeded against and convicted of
the offence.
(4) In this section --
"fishing tour" means a fishing tour provided by a
person who holds a licence under section
15 257(1)(g);
"person in charge of a fishing tour" means the
natural person in charge of the day to day
operation of the tour, who is not necessarily the
person who holds the relevant licence under
20 section 257(1)(g).
".
9. Section 239 amended
After section 239(3)(a)(iii) the following subparagraphs are
inserted --
25 "
(iv) licences for charter boats used for
recreational fishing; and
(v) licences for persons engaged in aquatic
eco-tourism, or the provision of fishing
30 tours;
".
page 4
Fish Resources Management Amendment Bill 1999
s. 10
10. Section 257 amended
Section 257(1)(g) is amended by inserting after
"eco-tourism" --
" or the provision of fishing tours ".
5 11. Section 258 amended
(1) Section 258(c) is amended by deleting "charter boats used for
aquatic eco-tourism" and inserting instead --
" boats used for aquatic eco-tourism or fishing tours ".
(2) Section 258(n) is amended by inserting after "aquaculture" --
10 " , fishing tours ".
(3) Section 258(o) is amended by inserting after "aquaculture" --
" , fishing tours ".
(4) Section 258(p) is amended by inserting after "aquaculture" --
" , fishing tours ".
15 (5) After section 258(w) the following paragraph is inserted --
"
(wa) regulate fishing tours provided for a
commercial purpose, and the persons engaged
or employed in providing such tours;
20 ".
page 5
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