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This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
LIVING MARINE RESOURCES MANAGEMENT
AMENDMENT (BIOSECURITY) BILL 2007
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 270 substituted
270. Biosecurity - dealing with marine pests and diseases
[Bill 73]-III
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LIVING MARINE RESOURCES MANAGEMENT
AMENDMENT (BIOSECURITY) BILL 2007
(Brought in by the Minister for Primary Industries and Water,
the Honourable David Edward Llewellyn)
A BILL FOR
An Act to amend the Living Marine Resources Management
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:
1. Short title
This Act may be cited as the Living Marine
Resources Management Amendment
(Biosecurity) Act 2007.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
[Bill 73] 3
Living Marine Resources Management Amendment (Biosecurity)
Act 2007
Act No. of
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3. Principal Act
In this Act, the Living Marine Resources
Management Act 1995* is referred to as the
Principal Act.
4. Section 270 substituted
Section 270 of the Principal Act is repealed and
the following section is substituted:
270. Biosecurity - dealing with marine pests and
diseases
(1) The Minister, by order published in the
Gazette, may issue directions aimed at -
(a) preventing the introduction or re-
introduction into State waters of
any harmful disease or harmful
pest; or
(b) preventing any harmful disease or
harmful pest present in State
waters from spreading to the
waters of any other jurisdiction;
or
(c) controlling or eradicating any
harmful disease or harmful pest.
(2) A person must not contravene a direction
under subsection (1).
*No. 25 of 1995
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Living Marine Resources Management Amendment (Biosecurity)
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Penalty: Fine not exceeding 2 000 penalty
units or imprisonment for a term
not exceeding 12 months.
(3) An order under subsection (1) -
(a) takes effect on the day on which
it is published in the Gazette or
on such later day as is specified
in the order; and
(b) is to specify the pest or disease in
respect of which it has been
made; and
(c) is to indicate why it has been
made; and
(d) may provide for any matter by
incorporating, either specifically
or by reference and either wholly
or in part and with or without
modification, any codes,
standards, guidelines, rules or
specifications relevant to the
prevention, control or eradication
of harmful pests or harmful
diseases, whether as in force at a
particular time or as from time to
time amended and whether
published or issued before or
after the commencement of this
section; and
(e) may, in addition to directions,
contain such explanatory and
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Living Marine Resources Management Amendment (Biosecurity)
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ancillary provisions as the
Minister considers necessary or
expedient.
(4) A direction under subsection (1) may be
inconsistent with a management plan
and, in such a case, the direction prevails
to the extent of the inconsistency.
(5) An order under subsection (1) expires 12
months after the day on which it takes
effect or at such earlier time as is
specified in the order but this subsection
is not to be taken as preventing the
Minister from making, on or after that
expiry, a further order under
subsection (1) in the same or similar
terms as the expired order if the Minister
reasonably considers that circumstances
require it.
(6) In this section -
"control" includes monitor;
"harmful" means -
(a) known to be harmful or
potentially harmful to any
fish, any fishery or any
part of the marine
environment; or
(b) reasonably suspected by
the Minister of posing any
kind of biological,
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Living Marine Resources Management Amendment (Biosecurity)
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ecological or other threat
to any fish, any fishery or
any part of the marine
environment;
"prevent" includes slow and restrict.
Government Printer, Tasmania 7