Western Australian Consolidated Acts Western Australian Consolidated Acts1 This is a compilation of the Fish Resources Management Act
1994 and includes the amendments made by the other written laws referred to
in the following table 1a. The table also contains information
about any reprint.
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
53 of 1994 |
2 Nov 1994 |
s. 1 and 2:
2 Nov 1994; |
|
|
Sentencing (Consequential Provisions) Act 1995
Pt. 34 |
78 of 1995 |
16 Jan 1996 |
4 Nov 1996 (see s. 2 and Gazette
25 Oct 1996 p. 5632) |
|
Local Government (Consequential
Amendments) Act 1996 s. 4 |
14 of 1996 |
28 Jun 1996 |
1 Jul 1996 (see s. 2) |
|
Acts Amendment (Marine Reserves) Act 1997
Pt. 6 |
5 of 1997 |
10 Jun 1997 |
29 Aug 1997 (see s. 2 and Gazette
29 Aug 1997 p. 4867) |
|
Fishing and Related Industries Compensation (Marine
Reserves) Act 1997 s. 14 |
39 of 1997 |
2 Dec 1997 |
2 Dec 1997 (see s. 2) |
|
Sunday Observance Laws Amendment and Repeal Act 1997
s. 5 |
49 of 1997 |
10 Dec 1997 |
10 Dec 1997 (see s. 2) |
|
Reprint of the Fish Resources Management
Act 1994 as at 28 Apr 2000 (includes amendments listed
above) |
|||
|
Fish Resources Management Amendment
Act 2000 |
41 of 2000 |
2 Nov 2000 |
s. 1 and 2:
2 Nov 2000; |
|
Acts Amendment (Australian Datum) Act 2000
s. 3 |
54 of 2000 |
28 Nov 2000 |
8 Nov 2003 (see s. 2 and Gazette
2 Sep 2003 p. 3923) |
|
Corporations (Consequential Amendments) Act 2001
s. 220 |
10 of 2001 |
28 Jun 2001 |
15 Jul 2001 (see s. 2 and Gazette
29 Jun 2001 p. 3257 and Cwlth Gazette
13 Jul 2001 No. S285) |
|
Fish Resources Management Amendment
Act 2002 2 |
2 of 2002 |
9 Apr 2002 |
9 Apr 2002 (see s. 2) |
|
Animal Welfare Act 2002
s. 96 |
33 of 2002 |
15 Nov 2002 |
4 Apr 2003 (see s. 2 and Gazette
4 Apr 2003 p. 1023) |
|
Sentencing Legislation Amendment and Repeal Act 2003
s. 63 |
50 of 2003 |
9 Jul 2003 |
15 May 2004 (see s. 2 and Gazette
14 May 2004 p. 1445) |
|
Acts Amendment and Repeal (Courts and Legal Practice)
Act 2003 s. 36 |
65 of 2003 |
4 Dec 2003 |
1 Jan 2004 (see s. 2 and Gazette
30 Dec 2003 p. 5722) |
|
Statutes (Repeals and Minor Amendments) Act 2003
s. 56 |
74 of 2003 |
15 Dec 2003 |
15 Dec 2003 (see s. 2) |
|
Courts Legislation Amendment and Repeal Act 2004
s. 141 (Sch. 1 cl. 65) |
59 of 2004 |
23 Nov 2004 |
1 May 2005 (see s. 2 and Gazette
31 Dec 2004 p. 7128) |
|
State Administrative Tribunal (Conferral of Jurisdiction)
Amendment and Repeal Act 2004 Pt. 2 Div. 51 3,
4 |
55 of 2004 |
24 Nov 2004 |
1 Jan 2005 (see s. 2 and Gazette
31 Dec 2004 p. 7130) |
|
Criminal Procedure and Appeals (Consequential and Other
Provisions) Act 2004 s. 80 and 82 |
84 of 2004 |
16 Dec 2004 |
2 May 2005 (see s. 2 and Gazette
31 Dec 2004 p. 7129 (correction in Gazette
7 Jan 2005 p. 53)) |
|
Reprint 2: The Fish Resources Management
Act 1994 as at 11 Mar 2005 (includes amendments listed above except
those in the Courts Legislation Amendment and Repeal Act 2004 and
the Criminal Procedure and Appeals (Consequential and Other Provisions)
Act 2004) |
|||
|
Machinery of Government (Miscellaneous Amendments)
Act 2006 Pt. 8 Div. 3 5,
6 |
28 of 2006 |
26 Jun 2006 |
1 Jul 2006 (see s. 2 and Gazette
27 Jun 2006 p. 2347) |
|
Financial Legislation Amendment and Repeal Act 2006
s. 4 and 17 |
77 of 2006 |
21 Dec 2006 |
1 Feb 2007 (see s. 2(1) and Gazette
19 Jan 2007 p. 137) |
|
Fish Resources Management Amendment
Act 2007 |
28 of 2007 |
26 Oct 2007 |
26 Oct 2007 (see s. 2) |
|
Petroleum Amendment Act 2007 s.
94 |
35 of 2007 |
21 Dec 2007 |
19 Jan 2008 (see s. 2(b) and Gazette
18 Jan 2008 p. 147) |
|
Reprint 3: The Fish Resources Management
Act 1994 as at 16 May 2008 (includes amendments listed
above) |
|||
|
Statutes (Repeals and Miscellaneous Amendments) Act
2009 s. 60 |
8 of 2009 |
21 May 2009 |
22 May 2009 (see s. 2(b)) |
1a On the date as at which this
compilation was prepared, provisions referred to in the following table had not
come into operation and were therefore not included in this compilation. For
the text of the provisions see the endnotes referred to in the table.
Provisions that have not come
into operation
|
Short title |
Number and year |
Assent |
Commencement |
|---|
|
Offshore Minerals (Consequential Amendments)
Act 2003 Pt. 4 7 |
12 of 2003 |
17 Apr 2003 |
Operative on commencement of No. 10 of 2003 (see
s. 2) |
|
Biosecurity and Agriculture Management (Repeal and
Consequential Provisions) Act 2007
s. 89 8 |
24 of 2007 |
12 Oct 2007 |
To be proclaimed (see s. 2) |
2 The Fish Resources Management Amendment Act 2002
s. 8(2)-(4) read as follows:
“
(2) The arrangements of 15 April 1995 by which the Minister for
Fisheries purported to lease from the Minister for Transport that portion of
land known as “Aquaculture Park Area”, being a total area of 7.8152
hectares situated in the Broome Port area, for the purposes of establishing an
aquaculture park are to be taken to be, and always to have been, as valid as
they would have been if the amendments made to the Fish Resources Management
Act 1994 by this Act were in effect at the time the arrangements were
made.
(3) Any of the following arrangements that were in effect immediately
before the commencement of this Act are to be taken to be, and always to have
been, as valid as they would have been if the amendments made to the Fish
Resources Management Act 1994 by this Act were in effect at the time
the arrangements were made —
(a) arrangements for the establishment or management by the Minister of
aquaculture facilities to be used by other persons for community or commercial
purposes;
(b) arrangements for aquaculture facilities established by the Minister to
be managed or used by other persons for community or commercial
purposes;
(c) arrangements for other persons to establish and manage aquaculture
facilities on land owned by the Minister.
(4) In subsection (3) —
aquaculture means the keeping, breeding, hatching or
culturing of —
(a) fish as defined in the Fish Resources Management Act 1994;
or
(b) pearl oysters as defined in that Act;
commercial purpose has the same meaning as in the Fish
Resources Management Act 1994.
”.
3 The State Administrative Tribunal (Conferral of
Jurisdiction) Amendment and Repeal Act 2004 Pt. 5, the State
Administrative Tribunal Act 2004 s. 167 and 169, and the State
Administrative Tribunal Regulations 2004 r. 28 and 42 deal with
certain transitional issues some of which may be relevant for this
Act.
4 The State Administrative Tribunal Regulations 2004
r. 32 and 50 read as follows:
“
32. Fish Resources Management Act 1994
(1) In this regulation —
commencement day means the day on which the State
Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal
Act 2004 Part 2 Division 51 comes into operation.
(2) If before the commencement day a tribunal established under the
Fish Resources Management Act 1994 section 152 has made a
decision but has not given a notice under section 152(4) or (5) of
that Act, the tribunal continues to exist for the purpose of complying with
section 152(4) or (5), as if those subsections had not been replaced
by the State Administrative Tribunal (Conferral of Jurisdiction) Amendment
and Repeal Act 2004 section 388.
50. Fish Resources Management Act 1994
(1) In this regulation —
commencement day means the day on which the State
Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal
Act 2004 Part 2 Division 51 comes into operation;
Executive Director has the meaning given to that term in
the FRM Act section 4(1);
the FRM Act means the Fish Resources Management
Act 1994.
(2) If a notice has been given under the FRM Act
section 147(1)(f) in the period of 21 days before the commencement
day, on or after the commencement day the notice is to be taken to state that
the affected person may, under the FRM Act section 149, apply for a
review of the decision.
(3) If an affected person has —
(a) objected to a proposal under the FRM Act section 149(1) before
the commencement day but the Executive Director has not, before the commencement
day, referred the objection to the Minister under section 149(4) of that
Act; or
(b) objected to a proposal under the FRM Act section 149(1) before
the commencement day but the Minister has not, before the commencement day,
referred the objection to a tribunal under the FRM Act
section 152,
the Executive Director must, on or after the commencement day, refer the
objection to the State Administrative Tribunal and —
(c) the objection is to be taken to be an application to that Tribunal
under the Act section 42(1);
(d) the affected person is to be taken to be the person applying to that
Tribunal for review under the Act section 42(1);
(e) the Executive Director is to give the affected person’s
objection to the executive officer of the Tribunal;
(f) if the affected person has paid the fee payable on lodging the
objection under the FRM Act section 149(1), that person is not
required to pay an application fee for making an application for review to the
State Administrative Tribunal;
(g) for the purposes of the review under the Act, a reference in the FRM
Act section 149 to a decision is to be taken to be a reference to the
proposal the subject of the objection; and
(h) for the purposes of the review under the Act, the Executive Director
is to be taken to be the decision-maker.
”.
5 The Machinery of Government (Miscellaneous
Amendments) Act 2006 Pt. 8 Div. 5 reads as
follows:
“
Division 5 — Transitional
provisions
242. References to the Executive Director
(1) After commencement, a reference in a written law that is, or is to be
taken to be, to the Executive Director (as defined in the Fish Resources
Management Act 1994 as in force before commencement) is to have effect
as if it had been amended to be a reference to the CEO (as defined in the
Fish Resources Management Act 1994 as in force after
commencement).
(2) Subsection (1) does not apply if a contrary intention appears or
the context otherwise requires.
(3) In this section —
commencement means the time at which section 232 comes
into operation.
”.
6 The requirement to appoint an Executive Director was removed
from the Act and references to the Executive Director were replaced by
references to the CEO, see the Machinery of Government (Miscellaneous
Amendments) Act 2006 Pt. 8 Div. 3. Section 454 of that
Act is a general transitional provision that applies to references to the
Executive Director in written laws.
7 On the date as at which this compilation was prepared, the
Offshore Minerals (Consequential Amendments) Act 2003 Pt. 4 had
not come into operation. It reads as follows:
“
Part 4 — Amendment to Fish
Resources Management Act 1994
16. Section 114 amended
Section 114 of the Fish Resources Management Act 1994 is
amended by inserting after “Mining
Act 1978,” —
“ the Offshore Minerals Act 2003,
”.
”.
8 On the date as at which this compilation was prepared, the
Biosecurity and Agriculture Management (Repeal and
Consequential Provisions) Act 2007 s. 89 had not come into
operation. It reads as follows:
“
89. Fish Resources Management Act 1994 amended
(1) The amendments in this section are to the Fish Resources Management
Act 1994.
(2) Section 4(1) is amended by deleting the definition of
“noxious fish”.
(3) Part 9 is repealed.
(4) Section 193 is amended as follows:
(a) by inserting “or” after paragraph (f);
(b) by deleting paragraph (g) and “or” after
it.
(5) Section 220 is amended as follows:
(a) by inserting “or” after paragraph (b);
(b) by deleting paragraph (c) and “or” after
it;
(c) in paragraph (d) by deleting “, (b) or (c)” and
inserting instead —
“ or (b) ”.
(6) Section 222(1) is amended by inserting after
“regulations” —
“ or the Biosecurity and Agriculture Management
Act 2007 ”.
(7) Section 224(1)(a) is amended by inserting after
“Act” —
“ or the Biosecurity and Agriculture Management
Act 2007 ”.
(8) Section 258(i) is deleted.
”.
Defined
Terms
[This is a list of terms defined and
the provisions where they are defined. The list is not part of the
law.]
Defined Term Provision(s)
Aboriginal
person 4(1)
Abrolhos Islands reserve 4(1)
Account 238(1), 239(1), 240(1),
241(1), 242(1)
Advisory Committee 29(1), 33(1), Sch. 1 cl. 1
affected
person 146
AFMA 4(1)
application 135(1)
appointed
person 249(1)
aquaculture 4(1), 101A(4)
Aquaculture Development
Council 4(1)
aquaculture lease 4(1)
aquaculture licence 4(1)
aquatic
eco-tourism 4(1)
arrangement 15
Australian fishing
zone 4(1)
authorisation 4(1), 53
authorised area 136A(4)
authorised
person 213(1), 226
bag limit 50(2)
bed 4(1)
boat 4(1)
category 1
fish 4(1)
category 2 fish 4(1)
category 3 fish 4(1)
category 4
fish 4(1)
CEO 4(1)
coastal waters 4(1)
commercial
fishing 4(1)
commercial fishing licence 4(1)
commercial
purpose 4(1)
commercially protected fish 4(1)
Commonwealth
Act 4(1)
Commonwealth Minister 15
confidential
information 250(1)
Council 37(1)
Department 4(1)
designated fishing
zone 4(1)
document 4(1)
entitlement 4(1)
exclusive
licence 4(1)
exemption 4(1)
fish 4(1)
fish habitat protection
area 4(1)
fish processor’s licence 4(1)
fish
way 254(1)
fisheries 238(6)
fisheries officer 4(1)
Fisheries Research
and Development Corporation 4(1)
fishery 4(1), 15
fishing 4(1)
fishing
activity 4(1)
fishing boat 4(1)
fishing boat licence 4(1)
fishing
gear 4(1)
fishing industry 238(6)
fishing tour 4(1), 202A(4)
foreign
boat 4(1)
forfeited entitlement 4(1)
honorary fisheries
officer 4(1)
interim managed fishery 4(1)
interim managed fishery
permit 4(1)
Joint Authority 15
Joint Authority
fishery 15
levy 4(1)
licence 4(1)
managed fishery 4(1)
managed
fishery licence 4(1)
management plan 4(1)
marine management
area 4(1)
marine nature reserve 4(1)
marine
park 4(1)
master 4(1)
noxious fish 4(1)
noxious
substance 4(1)
officer 204(3)
one day 50(1)
original decision 152(1)
and (2)
peak industry body 4(1)
pearl oyster 4(1)
permit 4(1)
person
in charge of a fishing
tour 202A(4)
place 4(1)
possession 4(1)
possession
limit 51(1)
premises 4(1)
private land 4(1)
process 4(1)
protected
fish 4(1)
purchase 4(1)
recognized net fishing area 171(3)
recreational
fishing 4(1)
Recreational Fishing Advisory Committee 4(1)
recreational
fishing licence 4(1)
register 4(1)
Registrar 4(1)
repealed
Act 4(1)
Rock Lobster Industry Advisory Committee 4(1)
security
holder 4(1)
security
interest 4(1)
sell 4(1)
species 4(1)
specified 4(1)
take 4(1)
the
agent 203(1)
the principal offender 202(1), 202A(1)
this
Act 4(1)
totally protected fish 4(1)
unattached 94(5)
unauthorised
structure 4(1)
unit 4(1)
vary 4(1)
vehicle 4(1)
WA
waters 4(1)
waters 4(1)
waterway 254(1)