LIVING MARINE RESOURCES MANAGEMENT ACT 1995

Tasmanian Consolidated Acts

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LIVING MARINE RESOURCES MANAGEMENT ACT 1995

- Act 25 of 1995
- Royal Assent 15 September 1995

TABLE OF PROVISIONS

Long Title

PART 1 - Preliminary

Division 1 - Definitions and applications

1. Short title
2. Commencement
3. Interpretation
4. Meaning of fish
5. Meaning of State waters
6. Meaning of fishery
6A. Meaning of possession
7. Purpose and objectives
8. Act binds Crown
9. Ownership of living marine resources
10. Effect of Act

Division 2 - Permits and exemptions

11. Exemption from Act
12. Permits
13. Grant of permit
14. Issue of permit
15. Condition of permit
15A. Permit for conduct of research activities under arrangement
16. Duration of permit
17. Revocation of permit

PART 2 - Administration

Division 1 - General matters

18. Function of Minister
19. Powers of Minister
20. Delegation
21. Consultation with police
22. Inquiries
23. Bequests and donations
24. Immunity from liability

Division 2 - Associations and codes of practice

25. Fishing bodies
26.
27. Advisory committees
28. Preparation of draft code of practice
29. Matters included in a draft code of practice
30. Approval of code of practice
31. Commencement of code of practice

PART 3 - Fisheries Management

Division 1 - Rules relating to fisheries

32. Management plan
33. Rules
34. Fishing licence rules
35. Fishery capacity rules
35A. Rock lobster quota unit rules
36. Entitlement rules
37. Prohibited and permitted fishing rules
38. Rules relating to vessels and apparatus
39. Rules relating to fish and fishing
40. Miscellaneous matters
40A. Rules relating to fish processing
40B. Rules relating to handling
40C. Rules relating to fish and fishing
40D. General provisions relating to rules
41. Rules prevail
41A. Management plan prevails
42. Offences and penalties

Division 2 - Procedures for management plans

43. Decisions to prepare management plan
44. Public exhibition of draft management plan
45. Interim management plan
46. Consideration of representations
47. Approval of draft management plan
48. Notification of approval of draft management plan
48A. Correction of management plan

Division 3 - Changes, review and revocation

49. Order changing management plan
50. Notification of changes to management plan
51. Period of order
52. Suspension of substituted provision
53. Review of management plan
54. Notification of proposed alteration
55. Recommendations after review
56. Acceptance of recommendation
57. Notification of alteration of management plan
58. Revocation of management plan
59. Emergency order

PART 4 - Licences, Quotas and Agreements

Division 1 - Fishing licences

60. Fishing licence
61. Authority of fishing licence
62. Conditions of fishing licence
63. Fishing certificate

Division 2 - Marine farming licence

64. Marine farming licence
65. Authority of marine farming licence
66. Conditions of marine farming licence
66A. Marine farming licence depends on marine farming lease

Division 3 - Fish processing licences

67. Fish processing licence
68. Processing fish
69. Storing fish
70. Conditions of fish processing licence

Division 4 - Handling licences

71. Handling licence
72. Authority of handling licence
73. Conditions of handling licence
74. Records and information

Division 5 - General provisions relating to licences

74A. Interpretation of Division
75. Guidelines
76. Management plan prevails
76A. Eligible person
76B. Suitability of person to be eligible person
76C. Certain persons taken to be eligible persons
76D. Review of approval as eligible person
76E. Licence depends on holder’s approval as eligible person
77. Applications in relation to a licence
77A. Licensing agent
78. Grant of licence
78A.
79. Issue of licence
80. Term of licence
81. Renewal of licence
82. Transfer of licence
83. Variation of licence
84. Damages in respect of transfer or variation of licence
85. Effectiveness of licences
86.
86A. Compliance with conditions
87. Prohibition on use of licence by other persons
88. Substitute licensee
89. Supervision of activities
90. Cancellation or suspension of licence
91.
92. Surrender of licence
92A. Notification of Director, EPA of certain matters

Division 6 - Allocation arrangements

93. Declaration of a quota management
94. Total allowable catch provisions
95. Determination of total allowable catch
96. Allocation of total allowable catch
97. Appeals against allocations of total allowable catch
97A. Confirmation of total allowable catches for giant crab and rock lobster
98. Licence allocations

Division 6A - Rock lobster quota

98A.
98B.
98C. Allocation of rock lobster quota units
98D.
98E.
98F.
98G.
98H.
98I.
98J.
98K.
98L.

Division 7 - Specified agreements

99. Deed of agreement
99A. Exclusion of rule against perpetuities
99B. Right of certain persons holding abalone quotas to transfer to new deed of agreement
99C. Fee payable under new deed of agreement
100. Commercially protected fish
101.
102.
103.

PART 5 - Protection of Marine Areas and Habitats

Division 1 - Rules relating to certain areas and habitats

104. Rules

Division 2 - Marine resources protected areas

105. Marine resources protected area
106. Marine resources protected area management plan
107. Public exhibition of draft marine resources protected area management plan
108. Restriction on powers under other Act
109. Consideration of representations
110. Approval of draft marine resources protected area management plan
111. Notification of approval of draft marine resources protected area management plan
112. Marine resources protected area
113. Compliance with marine management plan
114. Inconsistent management plan
115. Managing authority for marine resources protected area
116. Functions of managing authority
117. Powers of managing authority

Division 3 - Habitat protection plans

118. Habitat protection plan
119. Public exhibition of habitat protection plan
120. Approval of habitat protection plan
121. Amendment of habitat protection plan
122. Approval of amended habitat protection plan
123. Revocation of habitat protection plan
124. Inconsistency of habitat protection plan

Division 4 - Release and importation of fish

125. Release into waters
126. Importation of live fish

Division 5 - Noxious fish

127. Declaration of noxious fish
128. Sale of noxious fish
129. Possession of noxious fish
130. Destruction of noxious fish

Division 6 - General provisions

131. Prohibition of certain activities
132. Approvals for activities
133. Conditions of approval
134. Revocation of approval
135. Protection of species
136. Notice to restore fish habitat
137. Minister may take action
138. Activities causing detrimental effect
139. Protection of marine plant
140. Conflict of power

PART 6 - Research, Records and Development

Division 1 - Research

141. Research into living marine resources
142. Research priorities and co-operation
143. Research areas

Division 2 - Records

144. Collection of information
145. Records
145A. Approval of electronic record system
145B. Submission of documents electronically

Division 3 - Scientific observer scheme

146. Scientific observer scheme
147. Scientific observers
148. Notice of intention to place scientific observer on fishing vessel
149. Powers of scientific observer
150. Functions of scientific observer
151. Food and accommodation

PART 7 - Joint Management of Certain Fisheries

Division 1 - Joint Authorities

152. Management of fishery by Joint Authority
153. General functions and powers of Joint Authority
154. Powers relating to licence
155. Delegation
156. Termination of arrangement
157. Application of provisions relating to offences
158. Report of a Joint Authority
159. Documents
160. Judicial notice of membership of Joint Authority

Division 2 - Arrangements with Commonwealth

161. Arrangements with Commonwealth

Division 3 - Agreements with Commonwealth and other States

162. Agreements with Commonwealth and other States

Division 4 - General

163. Non-application of Part

PART 8 - Fisheries Officers

Division 1 - Appointment of fisheries officers and assistant fisheries officers

164. Appointment of fisheries officer
165. Appointment of assistant fisheries officer
166. Production of identity card
167. Return of identity card
168. Interests of fisheries officers

Division 2 - General powers

169. Limited police powers
170. Police officer
171. Naval officer
172. Assistant fisheries officer
173. Minimising damage

Division 3 - Entry, inspection and search

174. Entry and inspection of land and premises
175. Search of non-residential premises
176. Search of residential premises
177. Entry and search of train and aircraft
178. Entry into waters
179. Search of place

Division 4 - Vessels and vehicles

180. Boarding and searching vessel
181. Stopping vessel or vehicle
182. Securing vessel, vehicle, land and premises
183. Detaining vessel
184. Use of vessel or vehicle
185. Fisheries officer on board vessel
186. Pursuit of vessel or person

Division 5 - Miscellaneous powers

187. Examination of fish
188. Apparatus and equipment
189. Opening and unlocking vessel, door or container
190. Production of things
191. Production of records and documents
192. Production of authorisation
193. Photographs, sketches, measurements and recordings
194. Examination and inquiry
195. Assistance
196. Information requirements

Division 6 - Warrants

197. Application and issue of warrant
198. Urgent situations

Division 7 - Arrest and seizure

199. Arrest
200. Seizure of fish, vessels and other things
201. Seizure of abandoned apparatus and fish
202. Interference with seized property

Division 8 - Offences

203. Offences against fisheries officer
204. Contravention of requirement, direction or signal
205. Refusing search
206. Impersonation of fisheries officer

PART 9 - Enforcement

Division 1 - General provisions

207. Legal proceedings
208. Limitation of time for complaints
209. Defence for accidental taking of fish

Division 2 - Responsibilities of certain persons

210. Liability of master of vessel
211. Liability of employer
212. Liability of person concerned in management of body corporate
213. Liability of holder of authorisation regarding offence by agent
213A. Liability of holder of licence regarding offence by supervisor
214. Liability of supervisors

Division 3 - Evidentiary provisions

215. Proof of certain facts
215A. Service, &c., of documents, records and other information
216. Evidence relating to place and fish
217. Evidence vessel was a foreign boat
218. Evidence of contents of package
219. Proof fish were taken for sale
220. Presumption of purpose of sale
221. Certificates relating to licensing and statistical matters
222. Evidence of scientific matters
223. Accuracy of measuring equipment
224. Amendments

Division 4 - Forfeiture

225. Forfeiture on conviction
226. Forfeiture on acceptance of infringement notice
227. Forfeiture on seizure
228. Forfeiture if owner is not found
229. Sale or disposal
230. Application to buy a forfeited thing
231. Release of seized property
232. Return of seized things
233. Live fish returned to water

Division 5 - Infringement notices

234. Infringement notices
235. Payments into Public Account
236.
237.
238.
239.
240.
241.

Division 6 - Demerit points

242. Allocation of demerit points on conviction
243.
244. Allocation of demerit points
245. Period for which demerit points remain in force
246. Permanent disqualification from obtaining licence
246A. Temporary disqualification from obtaining licence
247. Accumulation of demerit points suspends licence, &c.
248. Transfer of demerit points
249.
250.

Division 7 - Control orders

251. Application for control order
252. Draft control order
253. Issue of control order
254. Variation or revocation of control order

Division 8 - Miscellaneous offences

255. Use of explosives and substances
255A. Possession and use of trawl nets
256. Interfering with fishing
257. Interfering with apparatus
258. Use of foreign boat
259. Foreign boat equipped with apparatus
260. Interfering with licensee
261. Permitting use of premises
262. Possession, purchase or sale of illegally taken fish
263. False and misleading statements

Division 9 - Indictable offences

263A. Prosecution of offences
264. Unlawful possession of fish
264A. Trafficking in fish
265. False or misleading records
266. Application of certain Act

Division 10 - Special penalties

267. Illegally taking or possessing fish, &c.
268. Illegal use of apparatus
269. Value of fish

PART 10 - Miscellaneous

Division 1 - Disease and pests

270. Biosecurity – dealing with marine pests and diseases
271. Order relating to diseased areas
272. Requirements made by order
273. Notification of order

Division 1A - Electronic decision making

273A. Interpretation
273B. Approval of computer program
273C. Replacing an electronic decision
273D. Evidence of whether computer is functioning correctly

Division 2 - Fees, charges and royalties

274. Fees, charges and royalties
275. Variation of fees, charges and royalties
276. Recovery of unpaid fees, charges and royalties
277. Payments into Public Account
278. Account for fees, charges and royalties
279. Industry levy

Division 3 - Reviews of decisions

280. Notification of right of review
281. Application for review of decision
282. Review of decision
283. Appeal to Appeal Tribunal
284. Validity of decision

Division 4 - Regulations

285. Regulations in general
286. Regulations relating to vessels
287. Regulations relating to fish processing
288. Regulations relating to handling
289. Regulations relating to marine resources protected areas
290. Regulations relating to fish habitats
291. Regulations relating to noxious fish
292. Regulations relating to arrangements
293. Regulations relating to disease
294. Regulations relating to fees, charges and royalties
295. Regulations relating to fish and fishing
296. Regulations relating to miscellaneous matters

Division 5 - Miscellaneous matters

297. Evidence
298. Register
298A. Application to magistrate for correction of demerit points entry in register
299. Rewards to informers
300. Compensation not payable
301. Whole weight of fish
302.
303. Identification of boundaries
304. Disclosure of interest by employees
305. Fish taken commercially
306.
307. Orders not statutory rules
308. Savings and transitionals
309. Repeals
310.
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
SCHEDULE 4

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