Western Australian Consolidated Acts

FISH RESOURCES MANAGEMENT ACT 1994 - SECT 5

5 .         Meaning of “WA waters”

                In this Act, a reference to WA waters —

            (a)         is a reference to all waters within the limits of the State;

            (b)         except for purposes relating to a fishery that is to be managed in accordance with the law of the Commonwealth under an arrangement under Part 3 and except for purposes specified in paragraph (d), is a reference to any waters not within the limits of the State that are on the landward side of waters adjacent to the State that are within the Australian fishing zone;

            (c)         for purposes relating to a fishery that is to be managed in accordance with the law of the State under an arrangement under Part 3, is a reference to any waters to which the legislative powers of the State extend, with respect to that fishery, whether under section 5 of the Coastal Waters (State Powers) Act 1980 of the Commonwealth or otherwise; and

            (d)         for purposes relating to recreational fishing, within the meaning of the Commonwealth Act, other than recreational fishing —

                  (i)         carried on by the use of a foreign boat; or

                  (ii)         prohibited or regulated by a plan of management determined under section 17 of the Commonwealth Act,

                is a reference to any waters to which the legislative powers of the State extend with respect to such fishing.