Western Australian Consolidated Acts

FISH RESOURCES MANAGEMENT ACT 1994 - SECT 79

79 .         Fish processing establishment not to be established without permit

        (1)         Except as provided in subsection (2), a person must not —

            (a)         construct any place for the purpose of using the place to process fish for a commercial purpose; or

            (b)         establish any plant or facilities in or on any place for the purpose of enabling the use of the place to process fish for a commercial purpose,

                unless the person is authorised to do so by a permit granted by the CEO under section 80.

        Penalty: In the case of an individual, $20 000 and a daily penalty of $750 or, in the case of a body corporate, $40 000 and a daily penalty of $1 500.

        (2)         Subsection (1) does not apply to a place that is to be used —

            (a)         to process fish that are to be sold by retail to the public, or served as meals to the public, in, on or from the place; or

            (b)         to process fish that have been kept, bred, hatched or cultured in or on the place in accordance with an aquaculture licence.

        (3)         The regulations may limit the circumstances in which subsection (2) applies.

        [Section 79 amended by No. 28 of 2006 s. 236(1).]