FISH RESOURCES MANAGEMENT ACT 1994
Table of Provisions
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
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
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.
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.
- 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
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.
- 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 Liability of officers for offence by body corporate
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
- 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
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
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 2 -- Transitional matters for Fish Resources Management Amendment Act 2011
- 267 Term used: amending Act
- 268 Exemptions under s.
- 269 Application of extended period for service of infringement notices under s.
- 270 Transfer of money in accounts under repealed s. 241 and