Western Australian Consolidated Acts

PEARLING ACT 1990

TABLE OF PROVISIONS

           Long Title

   PART 1 -- Preliminary  

   1.      Short title  
   2.      Commencement  
   3.      Interpretation  
   4.      Position to be ascertained by reference to Australian datum  
   5.      Declaration of zones  
   6.      Declaration of pearl oysters  

   PART 2 -- Control of pearling and hatchery activities  

           Division 1 -- Pearling licences, hatchery licences and permits  

   7.      Pearling and hatchery activities not to be carried out without licence or permit  
   8.      Conditions on pearling licences, hatchery licences and permits to be complied with  
   9.      Penalty where condition contravened relates to quota  
   10.     Penalty where condition contravened relates to area  
   11.     Certain pearl oysters bought or otherwise obtained to be regarded as taken  
   12.     Hatchery produced pearl oysters to be sold only with approval of CEO  

           Division 2 -- Other licences  

   13.     Pearl diver’s licence  
   14.     Pearl boat licence  
   15.     Pearl boat master’s licence  

           Division 3 -- Pearl oyster farms  

   16.     Pearl oysters and pearl oyster spat to be moved to pearl oyster farm  
   17.     Exclusion of persons from pearl oyster farm  
   18.     Pearls, pearl oysters and pearl oyster spat used for pearling or hatchery activities are property of farm lease holder  

           Division 4 -- General  

   19.     Minister may prohibit or restrict pearling or hatchery activities  
   20.     Interference with pearling or hatchery activities  
   21.     Undersized and oversized pearl oysters not to be taken  

   PART 3 -- Farm leases, licences and permits  

           Division 1 -- Application and issue  

   22.     Applications for farm leases, licences and permits  
   23.     Issue of farm leases, licences and permits  
   23A.    Limitations on issue of farm leases, licences and permits in marine reserves  
   24.     Minister may issue policy guidelines  
   25.     Duration of farm leases, licences and permits  
   26.     Conditions imposed on licences and permits  
   27.     Annual fees for farm leases, licences and permits  
   27A.    Limitations on renewal of farm leases in certain marine reserves  
   27B.    Limitations on renewal of licences and permits in certain marine reserves  

           Division 2 -- Cancellation, suspension, surrender and transfer  

   28.     Cancellation, suspension and surrender of licences and permits  
   29.     Automatic cancellation of pearling licence, hatchery licence or permit on third conviction under section 8  
   30.     Cancellation of farm lease  
   31.     Time within which equipment etc. to be removed from pearl oyster farm, and consequences if not removed  
   32.     Transfers  

   PART 4 -- Review  

   33.     Reviews  
   34.     Effect of review  

   PART 5 -- Inspection  

   35.     Inspectors  
   36.     Powers of inspectors  
   37.     Transporting of inspectors on pearling boats  

   PART 6 -- Pearling Industry Advisory Committee  

   38.     Establishment and functions of Committee  
   39.     Composition of Committee  
   40.     Constitution and proceedings of Committee -- Schedule 1  
   41.     Remuneration and allowances  
   42.     Protection of Committee members  

   PART 7 -- Commonwealth - State management of pearl oyster fisheries  

   43.     Interpretation in PART 7  
   44.     Application of this Act to pearl oyster fisheries in accordance with arrangements made for State law to apply  
   45.     Functions of Joint Authority  
   46.     Joint Authority to exercise certain powers instead of Minister etc.  
   47.     Application of certain provisions relating to offences  
   48.     Regulations and notices  
   49.     Powers before arrangement takes effect, on termination of arrangement and before termination takes effect  
   50.     Delegation  
   51.     Joint Authority may issue policy guidelines  

   PART 8 -- Proceedings for offences  

   52.     Prosecutions  
   53.     Evidentiary provisions  
   54.     Forfeiture of seized goods  
   55.     Seized pearl oyster spat and pearl oysters  
   56.     Offences by bodies corporate  
   57.     Liability of master of boat  
   58.     Offence to furnish false information  
   59.     Miscellaneous offences  

   PART 9 -- Miscellaneous  

   60.     Regulations -- Schedule 2  
   61.     Immunity of Minister, officers and inspectors  
   62.     Secrecy of information  
   62A.    Delegation by CEO  
   63.     Repeal of Pearling Act 1912  
   64.     Savings and transitional provisions -- Schedule 3  
           SCHEDULE 1  
           SCHEDULE 2  
           SCHEDULE 3  
           Compilation table