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TASMANIA
__________
INLAND FISHERIES AMENDMENT BILL
2002
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 3 amended (Interpretation)
5. Section 20A amended (Inland Fisheries Advisory
Council)
6. Part 3, Division 1: Heading amended
7. Section 21 amended (Commercial freshwater fishing
licence)
8. Sections 22 and 23 repealed
9. Section 24 amended (Application for commercial
freshwater fishing licence)
10. Section 25 amended (Grant of commercial freshwater
fishing licence)
11. Section 32 amended (Renewal of commercial freshwater
fishing licence)
12. Section 41 amended (Grant of fish farm licence)
13. Section 42 amended (Conditions of fish farm licence)
14. Section 45 amended (Variation of fish farm licence)
15. Section 46 amended (Transfer of fish farm licence)
[Bill 89]-VII
16. Section 47 amended (Renewal of fish farm licence)
17. Section 48 amended (Cancellation of fish farm licence)
18. Sections 61, 62, 63 and 64 substituted
61. Definition of "dealing with applicable fish"
62. Restriction on dealing with applicable fish
63. Registration as fish dealer
64. Registration subject to conditions
65. Issue of fish dealer's registration certificate
66. Authority and term of registration
67. General provisions relating to registration
19. Part 4, Division 2 repealed
20. Section 76A inserted
76A. Amendment of registration
21. Section 128 amended (Removing, freeing or introducing
fish)
22. Section 128A inserted
128A. Transporting fish
23. Section 129 substituted
129. Restriction on possessing fish near inland waters
24. Section 134 amended (Selling and buying fish)
25. Section 138 amended (Marking fish)
26. Section 140A inserted
140A. Juvenile eel
27. Section 140B inserted
140B. Contravening condition
28. Section 196 amended (Registers)
29. Schedule 2 repealed
30. Substitution of penalty
31. Substitution of "Minister"
32. Substitution of "commercial licence"
Schedule 1 - Substitution of penalty
Schedule 2 - Substitution of "Minister"
Schedule 3 - Substitution of "commercial licence"
2
INLAND FISHERIES AMENDMENT BILL
2002
(Brought in by the Minister for Primary Industries, Water
and Environment, the Honourable Bryan Alexander Green)
A BILL FOR
An Act to amend the Inland Fisheries Act 1995
Be it enacted by His Excellency the Governor of Tasmania,
by and with the advice and consent of the Legislative
Council and House of Assembly, in Parliament assembled,
as follows:
Short title
1. This Act may be cited as the Inland Fisheries
Amendment Act 2002.
Commencement
2. This Act commences on a day to be proclaimed.
Principal Act
3. In this Act, the Inland Fisheries Act 1995* is referred to
as the Principal Act.
*No. 110 of 1995
[Bill 89] 3
s. 4 No. Inland Fisheries Amendment 2002
Section 3 amended (Interpretation)
4. Section 3 of the Principal Act is amended as follows:
(a) by omitting "In this Act" and substituting "(1)
In this Act";
(b) by inserting the following definition after the
definition of "accumulation scheme":
"amend" means -
(a) add any matter (including a
condition if this Act provides
for conditions to be specified
in the document being
amended); and
(b) omit any matter (including a
condition); and
(c) omit any matter (including a
condition) and substitute
other matter (including a
condition if this Act provides
for conditions to be specified
in the document being
amended);
(c) by omitting the definitions of "commercial
fishing licence" and "commercial licence" and
substituting the following definition:
"commercial freshwater fishing
licence" means a licence referred
to in section 21;
(d) by inserting the following definition after the
definition of "fish":
4
2002 Inland Fisheries Amendment No. s. 4
"fish dealer's registration
certificate" means the certificate
issued under section 65;
(e) by omitting the definition of "juvenile eel
licence";
(f) by omitting the definition of "seaward limit"
and substituting the following definition:
"seaward limit" means -
(a) the seaward limit declared
to be the seaward limit of a
river under section 6(1); and
(b) the seaward limit of a river
referred to in section 6(3);
(g) by inserting the following subsection:
(2) If any licence, permit, certificate of
registration, permission, consent, approval,
other like document or exemption is subject to
conditions specified or otherwise contained in
the document or exemption, it is sufficient for
the conditions to be -
(a) specified or otherwise contained in
the document or exemption; or
(b) attached to the document or
exemption; or
(c) provided to the holder of the
document or exemption at the time
of issuing the document or
exemption; or
(d) provided to the holder of the
document or exemption at any
other time if they are provided
5
s. 5 No. Inland Fisheries Amendment 2002
with a written notice stating that
they are conditions which attach
to the document or exemption.
Section 20A amended (Inland Fisheries Advisory
Council)
5. Section 20A of the Principal Act is amended by omitting
subsection (2) and substituting the following subsections:
(2) The Council consists of -
(a) one person who represents the interests
of freshwater angling associations; and
(b) 3 persons who hold angling licences,
each of whom represents one of the
following:
(i) the northern area;
(ii) the north-western area;
(iii) the southern area; and
(c) one person who represents the interests
of freshwater commercial fisheries; and
(d) one person with expertise in the area of
conservation of freshwater ecosystems;
and
(e) one person with expertise in the area of
tourism relating to inland fisheries; and
(f) the Director; and
(g) the chairperson; and
(h) such other persons as the Minister
considers appropriate.
6
2002 Inland Fisheries Amendment No. s. 6
(2A) The members of the Council are
appointed by the Minister.
Part 3, Division 1: Heading amended
6. Division 1 of Part 3 of the Principal Act is amended by
omitting "Commercial licences" from the heading to that
Division and substituting "Commercial freshwater
fishing licence".
Section 21 amended (Commercial freshwater fishing
licence)
7. Section 21 of the Principal Act is amended as follows:
(a) by omitting from subsection (1) "without a
commercial fishing licence" and substituting
"except under the authority of and in
accordance with a commercial freshwater
fishing licence";
(b) by omitting subsection (2) and substituting the
following subsection:
(2) Subsection (1) does not apply to a
person who takes freshwater fish on behalf of,
and as authorised or required by, the holder of
a commercial freshwater fishing licence.
Sections 22 and 23 repealed
8. Sections 22 and 23 of the Principal Act are repealed.
7
s. 9 No. Inland Fisheries Amendment 2002
Section 24 amended (Application for commercial
freshwater fishing licence)
9. Section 24(1) of the Principal Act is amended by
inserting "freshwater fishing" after "commercial".
Section 25 amended (Grant of commercial
freshwater fishing licence)
10. Section 25 of the Principal Act is amended by omitting
subsection (3) and substituting the following subsections:
(3) A commercial freshwater fishing licence
may be limited in one or more of the following
matters:
(a) the taking of a species of freshwater fish
specified in the licence;
(b) the taking of freshwater fish at a
particular stage of life specified in the
licence;
(c) the taking of freshwater fish from inland
waters specified in the licence;
(d) any other matter the Director considers
relevant.
(3A) Each of the following persons must
comply with the conditions of a commercial
freshwater fishing licence in respect of the taking of
freshwater fish under that licence:
(a) the holder of the licence;
(b) a person authorised or required by the
holder of the licence to take freshwater
fish on behalf of the holder.
8
2002 Inland Fisheries Amendment No. s. 11
Penalty: Fine not exceeding 100 penalty units.
(3B) If a person authorised or required by the
holder of a commercial freshwater fishing licence to
take freshwater fish on behalf of that holder
contravenes a condition of the licence, both that
person and that holder are taken to contravene the
condition.
Section 32 amended (Renewal of commercial
freshwater fishing licence)
11. Section 32 of the Principal Act is amended as follows:
(a) by inserting in subsection (3)(c) ", if any," after
"fees";
(b) by inserting the following subsection after
subsection (5):
(6) This Act applies to a renewed licence
and its conditions as if it were the original
licence and conditions.
Section 41 amended (Grant of fish farm licence)
12. Section 41 of the Principal Act is amended as follows:
(a) by omitting subsection (1) and substituting the
following subsections:
(1) The Director may grant an
application for a fish farm licence if satisfied
that -
(a) the applicant is a fit and proper
person to hold the licence; and
9
s. 13 No. Inland Fisheries Amendment 2002
(b) there are no environmental or
resource constraints on doing so;
and
(c) the applicant has paid any
prescribed application fee; and
(d) it is appropriate to do so.
(1A) In determining whether an
applicant is a fit and proper person to hold a
fish farm licence, the Director must consider
whether the applicant -
(a) has contravened this Act; and
(b) has committed any offence the
Director considers relevant.
(b) by omitting from subsection (3) "Minister may"
and substituting "Director must".
Section 42 amended (Conditions of fish farm licence)
13. Section 42 of the Principal Act is amended by omitting
subsection (4) and substituting the following subsection:
(4) Each of the following persons must comply
with the conditions of a fish farm licence:
(a) the holder of the licence;
(b) an employee or contractor of the licence
holder;
(c) any other person authorised or required
by the holder of the licence to undertake
work relating to the aquatic freshwater
species to which the fish farm licence
relates on behalf of the licence holder.
10
2002 Inland Fisheries Amendment No. s. 14
Penalty: Fine not exceeding 100 penalty units.
Section 45 amended (Variation of fish farm licence)
14. Section 45 of the Principal Act is amended as follows:
(a) by omitting from subsection (1) "Minister,
after consulting with the Director," and
substituting "Director";
(b) by omitting from subsection (7)(b) "the
Director and".
Section 46 amended (Transfer of fish farm licence)
15. Section 46 of the Principal Act is amended by omitting
subsection (2) and substituting the following subsections:
(2) The Director may approve the transfer of a
fish farm licence if satisfied that -
(a) the transfer recipient is a fit and proper
person to hold the licence; and
(b) there are no environmental or resource
constraints on doing so; and
(c) any prescribed application fee for the
transfer of the fish farm licence has been
paid; and
(d) it is appropriate to do so.
(2A) In determining whether the transfer
recipient is a fit and proper person to hold the fish
farm licence, the Director must consider whether
that person -
(a) has contravened this Act; and
11
s. 16 No. Inland Fisheries Amendment 2002
(b) has committed any offence the Director
considers relevant.
Section 47 amended (Renewal of fish farm licence)
16. Section 47 of the Principal Act is amended as follows:
(a) by omitting subsection (2) and substituting the
following subsections:
(2) The Director may renew a fish farm
licence if satisfied that -
(a) the applicant is a fit and proper
person to continue to hold the
licence; and
(b) there are no environmental or
resource constraints on doing so;
and
(c) any prescribed application fee for
the renewal of the fish farm
licence has been paid; and
(d) it is appropriate to do so.
(2A) In determining whether an
applicant is a fit and proper person to continue
to hold a fish farm licence, the Director must
consider whether the applicant -
(a) has contravened this Act; and
(b) has committed any offence the
Director considers relevant.
(b) by inserting the following subsection after
subsection (6):
12
2002 Inland Fisheries Amendment No. s. 17
(7) This Act applies to a renewed licence
and its conditions as if it were the original
licence and conditions.
Section 48 amended (Cancellation of fish farm
licence)
17. Section 48(1) of the Principal Act is amended as
follows:
(a) by omitting "Minister, after consulting with
the Director," and substituting "Director";
(b) by omitting paragraph (d) and substituting the
following paragraphs:
(d) the holder of the licence has been
convicted of -
(i) an offence under this Act; or
(ii) any other offence the
Director considers relevant;
or
(e) the holder of the licence has failed
to pay any relevant fee.
Sections 61, 62, 63 and 64 substituted
18. Sections 61, 62, 63 and 64 of the Principal Act are
repealed and the following sections are substituted:
Definition of "dealing with applicable fish"
61. A person deals with applicable fish if the
person -
13
s. 18 No. Inland Fisheries Amendment 2002
(a) imports the fish for commercial
purposes; or
(b) sells the fish; or
(c) processes or treats the fish for
commercial purposes; or
(d) manufactures or obtains any substance
from the fish for commercial purposes.
Restriction on dealing with applicable fish
62. (1) A person must not deal with applicable fish
except where the person is a registered fish dealer
and does so under the authority of, and in
accordance with, a fish dealer's registration
certificate.
Penalty: Fine not exceeding 100 penalty units.
(2) The Director, by notice in the Gazette, may
exempt a person or class of person from any
provision of this Division -
(a) in respect of any specified kind or
species of fish; or
(b) in any specified circumstances.
Registration as fish dealer
63. (1) On receipt of an application for registration
as a fish dealer under section 76, the Director may
register or refuse to register the applicant as a
registered fish dealer.
(2) The Director must notify the applicant, in
writing, of the decision made under subsection (1).
14
2002 Inland Fisheries Amendment No. s. 18
Registration subject to conditions
64. (1) The registration of a fish dealer is subject to
any condition specified in the fish dealer's
registration certificate.
(2) Without limiting the conditions which may
be specified in a fish dealer's registration certificate,
those conditions may include conditions relating to
one or more of the following:
(a) a kind or species of applicable fish;
(b) the premises in which applicable fish
may be kept or dealt with;
(c) the keeping and provision of records and
returns.
(3) Each of the following persons must comply
with the conditions of a fish dealer's registration
certificate in respect of activities under that
certificate:
(a) the holder of the licence;
(b) a person authorised or required by the
holder of the certificate to undertake
activities on behalf of the holder.
Penalty: Fine not exceeding 100 penalty units.
(4) The conditions specified in a fish dealer's
registration certificate form part of that certificate.
Issue of fish dealer's registration certificate
65. (1) After granting registration as a registered
fish dealer and on receipt of any prescribed fee, the
Director is to issue a fish dealer's registration
certificate to the person granted registration.
15
s. 19 No. Inland Fisheries Amendment 2002
(2) A certificate of registration is to be in the
approved form.
Authority and term of registration
66. A registered fish dealer is authorised to carry on
one or more of the following activities as specified in
the fish dealer's registration certificate:
(a) importing all, or a specified species or a
specified kind of, applicable fish;
(b) selling a specified species or a specified
kind of applicable fish;
(c) processing or treating a specified species
or a specified kind of applicable fish;
(d) manufacturing or obtaining any
substance from all, or a specified species
or a specified kind of, applicable fish for
the purpose of sale.
General provisions relating to registration
67. Division 4 applies in respect of a registration
under this Division.
Part 4, Division 2 repealed
19. Division 2 of Part 4 of the Principal Act is repealed.
Section 76A inserted
20. After section 76 of the Principal Act, the following
section is inserted in Division 4:
16
2002 Inland Fisheries Amendment No. s. 21
Amendment of registration
76A. (1) In this section, "registration
certificate" means a fish dealer's registration
certificate and a certificate of registration under
section 71.
(2) At any time the Director may amend a
registration certificate.
(3) If the Director alters a registration
certificate, the Director must notify the holder of the
certificate in writing of -
(a) the alteration; and
(b) the day on which the alteration takes
effect, being a day not earlier than 21
days after the notice is provided to the
holder of the certificate; and
(c) the reasons for the alteration.
(4) The Director may require the holder of a
registration certificate to surrender it for the
purpose of altering it.
(5) The holder of a registration certificate
must comply with a requirement made under
subsection (4).
Penalty: Fine not exceeding 100 penalty units.
Section 128 amended (Removing, freeing or
introducing fish)
21. Section 128(3) of the Principal Act is amended as
follows:
(a) by omitting "or in a registered private fishery";
17
s. 22 No. Inland Fisheries Amendment 2002
(b) by inserting in paragraph (a) "aquatic" after
"amphibious or".
Section 128A inserted
22. After section 128 of the Principal Act, the following
section is inserted in Division 1:
Transporting fish
128A. (1) A person must not transport a live fish
taken from inland waters, except with the written
permission of the Director.
Penalty: Fine not exceeding 50 penalty units.
(2) The Director, on payment of any prescribed
application fee, may grant a permission that
authorises the holder of the permission to -
(a) transport live fish during the period
specified in the permission; or
(b) transport live fish on the occasion or in
the circumstances specified in the
permission.
(3) The permission is subject to the conditions
specified in it.
(4) At any time, the Director may revoke or
amend the permission by written notice provided to
the holder of the permission.
(5) The Director may exempt from the
application of subsection (1) -
(a) a person; and
(b) a class of person; and
18
2002 Inland Fisheries Amendment No. s. 23
(c) a kind or species of fish.
(6) An exemption -
(a) under subsection (5)(a) is to be made by
written notice provided to the person;
and
(b) under subsection (5)(b) or (c) is to be
made by notice published in the Gazette.
(7) A notice referred to in subsection (6)(b) is
not a statutory rule within the meaning of the Rules
Publication Act 1953.
Section 129 substituted
23. Section 129 of the Principal Act is repealed and the
following section is substituted:
Restriction on possessing fish near inland
waters
129. A person must not possess on or within 100
metres of any inland waters any kind or species of
fish or an amphibious or aquatic invertebrate animal
unless that person does so -
(a) with the written consent of the Director;
or
(b) under and in accordance with the
authority of a licence, permit or other
authority issued under this Act.
Penalty: Fine not exceeding 50 penalty units.
19
s. 24 No. Inland Fisheries Amendment 2002
Section 134 amended (Selling and buying fish)
24. Section 134(4) of the Principal Act is amended by
inserting after paragraph (c) the following penalty:
Penalty: Fine not exceeding 20 penalty units.
Section 138 amended (Marking fish)
25. Section 138 of the Principal Act is amended by
omitting subsection (1) and substituting the following
subsections:
(1) In this section, a person marks a live
freshwater fish if he or she -
(a) affixes an identification mark or tag to
the fish; or
(b) removes a fin from the fish; or
(c) mutilates the fish; or
(d) marks the fish in any other manner.
(1A) A person must not mark a live freshwater
fish except where that person holds a fish farm
licence or operates a registered private fishery and -
(a) marks the fish in accordance with the
licence or registration; or
(b) marks that fish as directed by the
Director.
Penalty: Fine not exceeding 5 penalty units.
20
2002 Inland Fisheries Amendment No. s. 26
Section 140A inserted
26. After section 140 of the Principal Act, the following
section is inserted in Division 1:
Juvenile eel
140A. A person must not take juvenile eel for any
non-commercial reason without the written consent
of the Director.
Penalty: Fine not exceeding 1 000 penalty
units.
Section 140B inserted
27. Before section 141 of the Principal Act, the following
section is inserted in Division 2:
Contravening condition
140B. (1) If a licence, permit, certificate of
registration, permission, consent, approval, other
like document or exemption is subject to conditions,
the holder of, and any person acting or omitting to
do an act under the authority of, that licence,
permit, certificate of registration, permission,
consent, approval, other like document or exemption
must not contravene those conditions.
Penalty: Fine not exceeding 100 penalty units.
(2) For the purposes of subsection (1), the
owner of a registered private fishery is the holder of
the certificate of registration of the private fishery.
(3) Subsection (1) does not apply to the
contravention of a condition if another provision of
this Act imposes a penalty for that contravention.
21
s. 28 No. Inland Fisheries Amendment 2002
Section 196 amended (Registers)
28. Section 196(1)(d) of the Principal Act is amended by
inserting "freshwater fishing" after "commercial".
Schedule 2 repealed
29. Schedule 2 to the Principal Act is repealed.
Substitution of penalty
30. Each of the provisions of the Principal Act specified in
Column 1 of Schedule 1 is amended by omitting "10" on
the number of occurrences specified in Column 2 of that
Schedule and substituting "50".
Substitution of "Minister"
31. Each of the provisions of the Principal Act specified in
Column 1 of Schedule 2 is amended by omitting "Minister"
on the number of occurrences specified in Column 2 of that
Schedule and substituting "Director".
Substitution of "commercial licence"
32. Each of the provisions of the Principal Act specified in
Column 1 of Schedule 3 is amended by omitting
"commercial licence" on the number of occurrences
specified in Column 2 of that Schedule and substituting
"commercial freshwater fishing licence".
22
2002 Inland Fisheries Amendment No. sch. 1
SCHEDULE 1 - SUBSTITUTION OF PENALTY
Section 30
Column 1 Column 2
Provision amended Number of
occurrences
The penalty under section 1
128(1)
The penalty under section 1
128(2)
The penalty under section 1
128(3)
The penalty under section 1
128(4)
The penalty under section 1
131(2)
23
sch. 2 No. Inland Fisheries Amendment 2002
SCHEDULE 2 - SUBSTITUTION OF "MINISTER"
Section 31
Column 1 Column 2
Provision amended Number of
occurrences
Section 41(2) first only
Section 41(4) 1
Section 42(1) 2
Section 42(2) 1
Section 42(3) first only
Section 43(1) 2
Section 43(2)(e) 1
Section 43(3) 1
Section 45(2) 1
Section 45(4) 1
Section 45(6) first only
Section 45(7) first only
Section 45(7) second only
Section 46(1) 1
Section 46(3) 2
Section 46(4) 1
Section 46(5) 1
Section 47(1) 1
24
2002 Inland Fisheries Amendment No. sch. 2
Column 1 Column 2
Provision amended Number of
occurrences
Section 47(3) 2
Section 47(4) first only
Section 47(5) 1
Section 47(6) 1
Section 48(2) first only
Section 48(3) 1
Section 48(5) 1
Section 49(1) 1
25
sch. 3 No. Inland Fisheries Amendment 2002
SCHEDULE 3 - SUBSTITUTION OF "COMMERCIAL
LICENCE"
Section 32
Column 1 Column 2
Provision amended Number of
occurrences
Section 25(1)(a) 1
Section 25(2) 1
Section 26(1) 1
Section 26(2) 1
Section 26(3) 1
Section 26(4) 1
Section 27 1
Section 28(1) 1
Section 28(2) 1
Section 28(3) 1
Section 29(1) 2
Section 29(3) 1
Section 29(4) 1
Section 30 1
Section 31(1) 1
Section 32(1) 1
Section 33(1) 1
26
2002 Inland Fisheries Amendment No. sch. 3
Column 1 Column 2
Provision amended Number of
occurrences
Section 33(2) 1
Section 33(3) 1
Section 34(1) 1
Section 34(2) 1
Section 34(3) 1
Section 35(1) 1
Section 36 1
Section 57 1
Section 58(1)(a) 1
Section 58(1)(b) 1
Section 58(1)(c) 1
Section 58(1)(d) 1
Section 58(1)(e) 1
Section 134(2) 1
Section 134(4)(c) 1
Section 135(1) 1
Government Printer, Tasmania 27