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FISH RESOURCES MANAGEMENT ACT 1994


TABLE OF PROVISIONS

           Long Title

   PART 1 -- Preliminary  

   1.      Short title
            
   2.      Commencement
            
   3.      Objects
            
   4A.     Precautionary principle, effect of
            
   4.      Terms used
            
   5.      WA waters
            
   6.      Aboriginal persons, application of Act to
            
   7.      Exemptions from Act, grant of by Minister
            
   8.      Crown bound

   PART 2 -- Administration  

   9.      “Minister for Fisheries”, body corporate
            
   11.     Fisheries officers and other staff, appointment of
            
   12.     Delegation by Minister
            
   13.     Delegation by CEO
            
   14.     Minister may carry out research etc.

   PART 3 -- Commonwealth-State management of fisheries

           Division 1 -- Preliminary  

   15.     Terms used

           Division 2 -- Joint Authorities  

   16.     Minister’s powers and functions under Commonwealth Act
            
   17.     Judicial notice of signature etc. of Joint Authority member
            
   18.     Functions of Joint Authority
            
   19.     Delegation by Joint Authority
            
   20.     Procedure of Joint Authorities
            
   21.     Report of Joint Authority

           Division 3 -- Arrangements for management of particular fisheries  

   22.     Arrangement for management under Commonwealth Act
            
   23.     Application of this Act to fisheries under arrangements
            
   24A.    Application of Commonwealth law to fisheries under arrangements
            
   24.     Joint Authority, functions of
            
   25.     Joint Authority, exercise of powers by
            
   26.     Provisions in this Act about offences etc., application of to Joint Authority fishery
            
   27.     Certain statements in arrangements, presumptions as to
            
   28.     Regulations etc. for fisheries under arrangements

           Division 4 -- Arrangements with other States and Territories  

   29A.    Minister may enter into arrangements
            
   29B.    Minister’s functions for this Division

   PART 4 -- Advisory Committees

           Division 4 -- Fishery Management Advisory Committees  

   41.     Committees, establishment and functions of

           Division 5 -- Other committees  

   42.     Other committees, establishment and functions of

           Division 6 -- Operation of committees  

   43A.    Regulations about operation of committees

   PART 5 -- General regulation of fishing

           Division 1 -- Prohibited fishing  

   43.     Minister may prohibit fishing
            
   44.     Minister’s orders subject to disallowance by Parliament

           Division 2 -- Protected fish  

   45.     Protected fish, prescription of
            
   46.     Totally protected fish, offences as to
            
   47.     Commercially protected fish, offences as to
            
   48A.    Recreationally protected fish, offences as to
            
   48.     Defences to charges under s. 46, 47 or 48A
            
   49.     Mutilation of fish to prevent determination, offence

           Division 3 -- Bag and possession limits  

   50.     Bag limits for taking fish, regulations and offences as to
            
   51.     Possession limits for fish, regulations and offences as to

           Division 4 -- General penalty  

   52.     General penalty for s. 43, 46, 47, 48A, 50 and

   PART 6 -- Management of fisheries

           Division 1 -- Interpretation  

   53.     Term used: authorisation

           Division 2 -- Management plans  

   54.     Determination etc. of management plan
            
   55.     Instruments under s. 54 subject to disallowance by Parliament
            
   56.     Contents of management plans, general provisions
            
   57.     Expiry date for plan for interim managed fishery
            
   58.     Management plan may provide for authorisations etc.
            
   59.     Management plan may specify capacity of fishery
            
   60.     Management plan may provide for entitlements under authorisations
            
   61.     Management plan may prohibit fishing etc.
            
   62.     Management plan, miscellaneous provisions in
            
   63.     How interim managed fishery becomes managed fishery

           Division 3 -- Procedure before determining or amending management plans  

   64.     Procedure before determining management plan
            
   65.     Procedure before amending management plan

           Division 4 -- Managed fishery licences and interim managed fishery permits  

   66.     Authorisations, grant of
            
   67.     Duration of authorisations
            
   68.     Renewal of authorisations
            
   69.     Conditions in authorisations
            
   70.     Authorisation ceases to have effect if management plan ceases to have effect
            
   71.     Prior fishing confers no right to authorisation
            
   72.     Grant of authorisation confers no right to subsequent authorisation
            
   73.     Other licences do not authorise fishing in fishery
            
   73A.    Authorisation is subject to restrictions in relation to certain marine reserves

           Division 5 -- Offences  

   74.     Contravening management plan
            
   76.     Offence under s. 74(1) or 77(1), court to order reduction of entitlement in certain cases of
            
   77.     Contravening condition of managed fishery licence or managed fishery permit, offence
            
   78A.    Regulations relating to cancellations under s. 224

   PART 7 -- Fish processing  

   79.     When permit to construct place to process fish required
            
   80.     Permit for processing fish, grant of
            
   81.     Conditions on s. 80 permits
            
   82.     When fish processor’s licence required
            
   83.     Fish processor’s licence, grant of
            
   84.     Duration of licence
            
   85.     Renewal of licence
            
   86.     Licensee not to process or store fish except at place specified in licence
            
   87.     Conditions on fish processor’s licence
            
   88.     Contravening condition of permit or licence, offence
            
   89.     Regulations about processing etc. fish

   PART 8 -- Aquaculture

           Division 1 -- Aquaculture licences  

   90.     When licence required
            
   91.     Exceptions to s. 90
            
   92A.    Applicant for licence to have management and environmental monitoring plan (MEMP)
            
   92.     Licence, grant of
            
   93.     Duration of licence
            
   94.     Renewal of licence
            
   95.     Conditions of licences
            
   96.     Contravening licence, offence
            
   97A.    Contravening MEMP, offence
            
   97B.    Temporary aquaculture permits, grant of

           Division 2 -- Aquaculture leases  

   97C.    Methods by which Minister may offer areas for lease
            
   97.     Leases, grant of
            
   98.     Certain marine reserves, grant of leases in
            
   98A.    Certain marine reserves, renewal of leases in
            
   99.     Aquaculture licence and aquaculture lease, relationship of
            
   100A.   Contravening lease, offences
            
   100.    Termination of lease
            
   101.    Clean-up and rehabilitation of former leased area

           Division 3 -- Miscellaneous matters  

   101A.   Minister’s powers as to aquaculture
            
   102.    Regulations about aquaculture

   PART 9A -- Exotic fish  

   103A.   Accidental introduction of exotic fish into WA waters, CEO’s powers to reduce risk of

   PART 9 -- Noxious fish  

   103.    Noxious fish, prescription of
            
   104.    Noxious fish, offences as to
            
   105.    Noxious fish not to be brought into the State etc.
            
   106.    Fisheries officers’ powers as to people with noxious fish
            
   107.    Destroying noxious fish, recovering costs of
            
   108.    No compensation payable for incidental damage

   PART 10 -- Designated fishing zones  

   109.    Designated fishing zones, prescription of
            
   110.    Marine reserve, no designated fishing zone in
            
   111.    Signs indicating zones to be erected
            
   112.    Fisheries officers’ powers as to people in designated fishing zones
            
   113.    Regulations about designated fishing zones

   PART 11 -- Fish habitat protection areas and Abrolhos Islands reserve

           Division 1 -- Fish habitat protection areas  

   114.    Application of Division to other Acts
            
   115.    Fish habitat protection areas, creating
            
   116.    Marine reserve, no fish habitat protection area in
            
   117.    Draft plan for fish habitat protection area, Minister to determine
            
   118.    Notice of proposal to create fish habitat protection area
            
   119.    Control and management of fish habitat protection areas
            
   120.    Regulations about fish habitat protection areas

           Division 2 -- Abrolhos Islands reserve  

   121.    Regulations about reserve
            
   122.    Control and management of reserve
            
   123.    Parks and Reserves Act 1895, application of to reserve

   PART 12 -- Register  

   124.    Registrar
            
   125.    Register of authorisations etc.
            
   126.    Information to be included in register
            
   127.    Application to have security interest in authorisation etc. noted
            
   128.    Notation of security interest
            
   129.    Irrelevant matters for purpose of s. 128
            
   130.    Security holder noted in register to be notified of certain events affecting security
            
   131.    Removing or varying notation of security interest
            
   132.    Register may be amended
            
   133.    No compensation payable because of Registrar’s acts
            
   134.    Regulations about register

   PART 13 -- General provisions relating to authorisations  

   135.    Applications for grant etc. of authorisation
            
   136.    Grant of authorisations not as of right
            
   136A.   Marine reserves, grant and renewal of authorisations for areas in
            
   137.    Effect of authorisations
            
   138.    Form of authorisations
            
   139.    Renewal after expiry
            
   140.    Transfer of authorisations
            
   141.    Temporary transfer of entitlements under authorisations
            
   142.    Varying authorisations
            
   143.    Cancelling, suspending and non-renewal of authorisations
            
   144.    Voluntary surrender of authorisations
            
   145.    Return of authorisations, CEO may require
            
   146A.   Death of individual who holds authorisation

   PART 14 -- Right to object or apply for review  

   146.    Term used: affected person
            
   147.    CEO to notify persons of certain decisions
            
   148.    CEO to publish notice of certain decisions
            
   149.    Review by SAT of certain decisions
            
   150.    Authorisation continues pending review decision about renewal
            
   151.    CEO to give notice of when decision listed in s. 147(1) has effect
            
   152.    SAT to give notice of decision on review

   PART 15A -- Fish trafficking  

   153.    Terms used
            
   154.    Trafficking in fish defined
            
   155.    Trafficking in commercial quantity of priority fish, offence
            
   156.    Regulations about trafficking in fish

   PART 15 -- Miscellaneous offences  

   170.    Explosives and noxious substances not to be used for fishing
            
   171.    Preventing etc. lawful fishing activities, offence
            
   172.    Removing fish from etc. fishing gear etc. without authority, offence
            
   173.    Purchase or sale of fish taken unlawfully, offence
            
   174.    Foreign boat not to be used for fishing etc., offence
            
   175.    Foreign boat equipped with fishing gear, possession of is offence
            
   175A.   Mandatory maximum sentences for individuals convicted of third or subsequent offences under s. 174 or
            
   176.    False statements in applications

   PART 16A -- Emergency powers to deal with biological threats  

   177A.   Application of Part
            
   177B.   Terms used
            
   177C.   Biological threats, CEO’s powers to deal with

   PART 16 -- Fisheries officers  

   177.    Certificate of appointment, issue of etc.
            
   178.    Certificate of appointment, production of
            
   179.    Honorary fisheries officers, appointment of etc.
            
   180.    Police officers to have powers of fisheries officers
            
   181.    Naval officers to have powers of fisheries officers in dealing with foreign boats
            
   182.    Powers to enter certain places to inspect certain matters
            
   183.    Powers to enter and search land to investigate offences
            
   184.    Powers to enter and search non-residential premises
            
   185.    Powers to enter and search residential premises
            
   186.    Powers to enter and search tents etc. where fish or gear is suspected to be
            
   187.    Warrants to enter and search places
            
   188.    Warrants may be granted by telephone etc.
            
   189.    Powers to obtain certain information
            
   190.    Powers to inspect etc. authorisations etc.
            
   191.    Other powers
            
   191A.   Powers under Animal Welfare Act 2002 to prevent cruelty to fish
            
   192.    Powers to arrest without warrant
            
   193.    Powers to seize things
            
   194.    Powers to deal with seized fish
            
   195.    Powers to seize abandoned etc. fishing gear
            
   196.    Interfering with seized property, offence
            
   197.    Power to require assistance from people
            
   198.    Duty to try to minimize damage
            
   199.    False or misleading information to fisheries officer, offence
            
   200.    Obstructing etc. fisheries officers

   PART 17 -- Legal proceedings

           Division 1 -- Proceedings  

   201.    Prosecutions, institution of etc.

           Division 2 -- Responsibility of certain persons  

   202.    Masters’ liability
            
   202A.   Person in charge of a fishing tour, liability of
            
   202B.   Authorisation holder, liability of for offences by co-holders
            
   203.    Authorisation holder, liability of for offences by agents of
            
   204.    Officers of body corporate, liability of for offence by body

           Division 3 -- Evidentiary provisions  

   205.    Exemptions etc., onus of proving
            
   206.    Place of offence, proof of
            
   207.    Foreign boat, proof as to
            
   208.    Contents etc. of package etc., proof of
            
   209.    Fish taken for sale, proof as to
            
   210.    Fish on fishing boats and commercial premises etc. presumed to be for sale
            
   211.    Purpose or intent, proof of
            
   212.    Authorisations etc., evidence as to
            
   213.    Species of fish etc., evidence as to
            
   214.    Size etc. of fish, determining
            
   215.    Accuracy of fisheries officers’ equipment, presumption as to
            
   216.    Positions on Earth, determining

           Division 4 -- Forfeiture  

   217.    Seized things, return of and security for
            
   218.    Forfeiture of fish, gear etc., court orders for
            
   219.    Unclaimed seized things, forfeiture of
            
   220.    Certain fish forfeited when seized
            
   221.    Forfeited things, disposal of

           Division 5 -- Additional penalties  

   222.    Additional penalty based on value of fish for certain offences
            
   223.    Cancelling or suspending authorisation, court’s powers for
            
   224.    Automatic suspension if 3 offences committed in 10 year period
            
   225.    Prohibitions on offender, court’s powers to impose etc.

           Division 6 -- Infringement notices  

   226.    Term used: authorised person
            
   227.    Authorised persons, appointment of
            
   228.    Infringement notices, service of
            
   229.    Infringement notices, form of
            
   230.    Extending time to pay modified penalty
            
   231.    Withdrawal of infringement notice
            
   232.    Payment of modified penalty, consequences of

   PART 18 -- Financial provisions

           Division 1 -- Collection of levy imposed under Fishing Industry Promotion Training and Management Levy Act 1994  

   233.    When and to whom levy is payable
            
   234.    Payment by instalments
            
   235.    Exemption from levy
            
   236.    Penalty for non-payment
            
   237.    Recovery of levy

           Division 2 -- Accounts  

   238.    Fisheries Research and Development Account
            
   239.    Recreational Fishing Account
            
   240.    Fishing Industry Promotion Training and Management Levy Account
            
   243.    Financial Management Act 2006 and Auditor General Act 2006, application of

   PART 19 -- Miscellaneous  

   244.    Protection from personal liability
            
   246.    Administrative guidelines, issue and effect of
            
   247.    Guidelines about foreign interests, issue of
            
   248.    Consultation before issue etc. of guidelines under s. 246 or 247
            
   249.    Inquiry into holder etc. of authorisation, commencement and conduct of
            
   250.    Confidential information, divulging
            
   251.    Exclusive licences to take fish, grant of
            
   252.    Marine reserve, no exclusive licence to be granted in
            
   254.    Waterway works, public authority to notify Minister of
            
   255.    Activities that pollute waters, Minister may prohibit
            
   256.    Regulations, general power to make
            
   257.    Regulations about licensing
            
   258.    Regulations, miscellaneous subjects for
            
   259.    Categories of fish, prescription of
            
   261.    Notices etc., service of
            
   262.    Orders, regulations etc., CEO to make publicly available
            
   263.    Annual report of Department, content of

   PART 20 -- Transitional matters

           Division 1 -- Transitional matters for Fish Resources Management Act 1994  

   266.    Fish Resources Management Act 1994, provisions for (Sch. 3)

           Division 2 -- Transitional matters for Fish Resources Management Amendment Act 2011  

   267.    Term used: amending Act
            
   268.    Exemptions under s. 7
            
   269.    Application of extended period for service of infringement notices under s. 228
            
   270.    Transfer of money in accounts under repealed s. 241 and 242
           SCHEDULE 3 -- Savings and transitional provisions for Fish Resources Management Act 1994  
           Compilation table


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