Western Australia: Fish Resources Management Act 1994 (WA)

Western Australia Fish Resources Management Act 1994 Western Australia Fish Resources Management Act 1994 Contents Part 1 — Preliminary 1. Short title 1 2. Commencement 1 3. Objects 1 4A. Precautionary principle, effect of 1 4. Terms used 1 5. WA waters 1 6. Aboriginal persons, application of Act to 1 7. Exemptions from Act, grant of by Minister 1 8. Crown bound 1 Part 2 — Administration 9. "Minister for Fisheries", body corporate 1 11. Fisheries officers and other staff, appointment of 1 12. Delegation by Minister 1 13. Delegation by CEO 1 14. Minister may carry out research etc. 1 Part 3 — Commonwealth‑State management of fisheries Division 1 — Preliminary 15. Terms used 1 Division 2 — Joint Authorities 16. Minister's powers and functions under Commonwealth Act 1 17. Judicial notice of signature etc. of Joint Authority member 1 18. Functions of Joint Authority 1 19. Delegation by Joint Authority 1 20. Procedure of Joint Authorities 1 21. Report of Joint Authority 1 Division 3 — Arrangements for management of particular fisheries 22. Arrangement for management under Commonwealth Act 1 23. Application of this Act to fisheries under arrangements 1 24A. Application of Commonwealth law to fisheries under arrangements 1 24. Joint Authority, functions of 1 25. Joint Authority, exercise of powers by 1 26. Provisions in this Act about offences etc., application of to Joint Authority fishery 1 27. Certain statements in arrangements, presumptions as to 1 28. Regulations etc. for fisheries under arrangements 1 Division 4 — Arrangements with other States and Territories 29A. Minister may enter into arrangements 1 29B. Minister's functions for this Division 1 Part 4 — Advisory Committees Division 4 — Fishery Management Advisory Committees 41. Committees, establishment and functions of 1 Division 5 — Other committees 42. Other committees, establishment and functions of 1 Division 6 — Operation of committees 43A. Regulations about operation of committees 1 Part 5 — General regulation of fishing Division 1 — Prohibited fishing 43. Minister may prohibit fishing 1 44. Minister's orders subject to disallowance by Parliament 1 Division 2 — Protected fish 45. Protected fish, prescription of 1 46. Totally protected fish, offences as to 1 47. Commercially protected fish, offences as to 1 48A. Recreationally protected fish, offences as to 1 48. Defences to charges under s. 46, 47 or 48A 1 49. Mutilation of fish to prevent determination, offence 1 Division 3 — Bag and possession limits 50. Bag limits for taking fish, regulations and offences as to 1 51. Possession limits for fish, regulations and offences as to 1 Division 4 — General penalty 52. General penalty for s. 43, 46, 47, 48A, 50 and 51 1 Part 6 — Management of fisheries Division 1 — Interpretation 53. Term used: authorisation 1 Division 2 — Management plans 54. Determination etc. of management plan 1 55. Instruments under s. 54 subject to disallowance by Parliament 1 56. Contents of management plans, general provisions 1 57. Expiry date for plan for interim managed fishery 1 58. Management plan may provide for authorisations etc. 1 59. Management plan may specify capacity of fishery 1 60. Management plan may provide for entitlements under authorisations 1 61. Management plan may prohibit fishing etc. 1 62. Management plan, miscellaneous provisions in 1 63. How interim managed fishery becomes managed fishery 1 Division 3 — Procedure before determining or amending management plans 64. Procedure before determining management plan 1 65. Procedure before amending management plan 1 Division 4 — Managed fishery licences and interim managed fishery permits 66. Authorisations, grant of 1 67. Duration of authorisations 1 68. Renewal of authorisations 1 69. Conditions in authorisations 1 70. Authorisation ceases to have effect if management plan ceases to have effect 1 71. Prior fishing confers no right to authorisation 1 72. Grant of authorisation confers no right to subsequent authorisation 1 73. Other licences do not authorise fishing in fishery 1 73A. Authorisation is subject to restrictions in relation to certain marine reserves 1 Division 5 — Offences 74. Contravening management plan 1 76. Offence under s. 74(1) or 77(1), court to order reduction of entitlement in certain cases of 1 77. Contravening condition of managed fishery licence or managed fishery permit, offence 1 78A. Regulations relating to cancellations under s. 224 1 Part 7 — Fish processing 79. When permit to construct place to process fish required 1 80. Permit for processing fish, grant of 1 81. Conditions on s. 80 permits 1 82. When fish processor's licence required 1 83. Fish processor's licence, grant of 1 84. Duration of licence 1 85. Renewal of licence 1 86. Licensee not to process or store fish except at place specified in licence 1 87. Conditions on fish processor's licence 1 88. Contravening condition of permit or licence, offence 1 89. Regulations about processing etc. fish 1 Part 8 — Aquaculture Division 1 — Aquaculture licences 90. When licence required 1 91. Exceptions to s. 90 1 92A. Applicant for licence to have management and environmental monitoring plan (MEMP) 1 92. Licence, grant of 1 93. Duration of licence 1 94. Renewal of licence 1 95. Conditions of licences 1 96. Contravening licence, offence 1 97A. Contravening MEMP, offence 1 97B. Temporary aquaculture permits, grant of 1 Division 2 — Aquaculture leases 97C. Methods by which Minister may offer areas for lease 1 97. Leases, grant of 1 98. Certain marine reserves, grant of leases in 1 98A. Certain marine reserves, renewal of leases in 1 99. Aquaculture licence and aquaculture lease, relationship of 1 100A. Contravening lease, offences 1 100. Termination of lease 1 101. Clean‑up and rehabilitation of former leased area 1 Division 3 — Miscellaneous matters 101A. Minister's powers as to aquaculture 1 102. Regulations about aquaculture 1 Part 9A — Exotic fish 103A. Accidental introduction of exotic fish into WA waters, CEO's powers to reduce risk of 1 Part 9 — Noxious fish 103. Noxious fish, prescription of 1 104. Noxious fish, offences as to 1 105. Noxious fish not to be brought into the State etc. 1 106. Fisheries officers' powers as to people with noxious fish 1 107. Destroying noxious fish, recovering costs of 1 108. No compensation payable for incidental damage 1 Part 10 — Designated fishing zones 109. Designated fishing zones, prescription of 1 110. Marine reserve, no designated fishing zone in 1 111. Signs indicating zones to be erected 1 112. Fisheries officers' powers as to people in designated fishing zones 1 113. Regulations about designated fishing zones 1 Part 11 — Fish habitat protection areas and Abrolhos Islands reserve Division 1 — Fish habitat protection areas 114. Application of Division to other Acts 1 115. Fish habitat protection areas, creating 1 116. Marine reserve, no fish habitat protection area in 1 117. Draft plan for fish habitat protection area, Minister to determine 1 118. Notice of proposal to create fish habitat protection area 1 119. Control and management of fish habitat protection areas 1 120. Regulations about fish habitat protection areas 1 Division 2 — Abrolhos Islands reserve 121. Regulations about reserve 1 122. Control and management of reserve 1 123. Parks and Reserves Act 1895, application of to reserve 1 Part 12 — Register 124. Registrar 1 125. Register of authorisations etc. 1 126. Information to be included in register 1 127. Application to have security interest in authorisation etc. noted 1 128. Notation of security interest 1 129. Irrelevant matters for purpose of s. 128 1 130. Security holder noted in register to be notified of certain events affecting security 1 131. Removing or varying notation of security interest 1 132. Register may be amended 1 133. No compensation payable because of Registrar's acts 1 134. Regulations about register 1 Part 13 — General provisions relating to authorisations 135. Applications for grant etc. of authorisation 1 136. Grant of authorisations not as of right 1 136A. Marine reserves, grant and renewal of authorisations for areas in 1 137. Effect of authorisations 1 138. Form of authorisations 1 139. Renewal after expiry 1 140. Transfer of authorisations 1 141. Temporary transfer of entitlements under authorisations 1 142. Varying authorisations 1 143. Cancelling, suspending and non‑renewal of authorisations 1 144. Voluntary surrender of authorisations 1 145. Return of authorisations, CEO may require 1 146A. Death of individual who holds authorisation 1 Part 14 — Right to object or apply for review 146. Term used: affected person 1 147. CEO to notify persons of certain decisions 1 148. CEO to publish notice of certain decisions 1 149. Review by SAT of certain decisions 1 150. Authorisation continues pending review decision about renewal 1 151. CEO to give notice of when decision listed in s. 147(1) has effect 1 152. SAT to give notice of decision on review 1 Part 15A — Fish trafficking 153. Terms used 1 154. Trafficking in fish defined 1 155. Trafficking in commercial quantity of priority fish, offence 1 156. Regulations about trafficking in fish 1 Part 15 — Miscellaneous offences 170. Explosives and noxious substances not to be used for fishing 1 171. Preventing etc. lawful fishing activities, offence 1 172. Removing fish from etc. fishing gear etc. without authority, offence 1 173. Purchase or sale of fish taken unlawfully, offence 1 174. Foreign boat not to be used for fishing etc., offence 1 175. Foreign boat equipped with fishing gear, possession of is offence 1 175A. Mandatory maximum sentences for individuals convicted of third or subsequent offences under s. 174 or 175 1 176. False statements in applications 1 Part 16A — Emergency powers to deal with biological threats 177A. Application of Part 1 177B. Terms used 1 177C. Biological threats, CEO's powers to deal with 1 Part 16 — Fisheries officers 177. Certificate of appointment, issue of etc. 1 178. Certificate of appointment, production of 1 179. Honorary fisheries officers, appointment of etc. 1 180. Police officers to have powers of fisheries officers 1 181. Naval officers to have powers of fisheries officers in dealing with foreign boats 1 182. Powers to enter certain places to inspect certain matters 1 183. Powers to enter and search land to investigate offences 1 184. Powers to enter and search non‑residential premises 1 185. Powers to enter and search residential premises 1 186. Powers to enter and search tents etc. where fish or gear is suspected to be 1 187. Warrants to enter and search places 1 188. Warrants may be granted by telephone etc. 1 189. Powers to obtain certain information 1 190. Powers to inspect etc. authorisations etc. 1 191. Other powers 1 191A. Powers under Animal Welfare Act 2002 to prevent cruelty to fish 1 192. Powers to arrest without warrant 1 193. Powers to seize things 1 194. Powers to deal with seized fish 1 195. Powers to seize abandoned etc. fishing gear 1 196. Interfering with seized property, offence 1 197. Power to require assistance from people 1 198. Duty to try to minimize damage 1 199. False or misleading information to fisheries officer, offence 1 200. Obstructing etc. fisheries officers 1 Part 17 — Legal proceedings Division 1 — Proceedings 201. Prosecutions, institution of etc. 1 Division 2 — Responsibility of certain persons 202. Masters' liability 1 202A. Person in charge of a fishing tour, liability of 1 202B. Authorisation holder, liability of for offences by co‑holders 1 203. Authorisation holder, liability of for offences by agents of 1 204. Liability of officers for offence by body corporate 1 Division 3 — Evidentiary provisions 205. Exemptions etc., onus of proving 1 206. Place of offence, proof of 1 207. Foreign boat, proof as to 1 208. Contents etc. of package etc., proof of 1 209. Fish taken for sale, proof as to 1 210. Fish on fishing boats and commercial premises etc. presumed to be for sale 1 211. Purpose or intent, proof of 1 212. Authorisations etc., evidence as to 1 213. Species of fish etc., evidence as to 1 214. Size etc. of fish, determining 1 215. Accuracy of fisheries officers' equipment, presumption as to 1 216. Positions on Earth, determining 1 Division 4 — Forfeiture 217. Seized things, return of and security for 1 218. Forfeiture of fish, gear etc., court orders for 1 219. Unclaimed seized things, forfeiture of 1 220. Certain fish forfeited when seized 1 221. Forfeited things, disposal of 1 Division 5 — Additional penalties 222. Additional penalty based on value of fish for certain offences 1 223. Cancelling or suspending authorisation, court's powers for 1 224. Automatic suspension if 3 offences committed in 10 year period 1 225. Prohibitions on offender, court's powers to impose etc. 1 Division 6 — Infringement notices 226. Term used: authorised person 1 227. Authorised persons, appointment of 1 228. Infringement notices, service of 1 229. Infringement notices, form of 1 230. Extending time to pay modified penalty 1 231. Withdrawal of infringement notice 1 232. Payment of modified penalty, consequences of 1 Part 18 — Financial provisions Division 1 — Collection of levy imposed under Fishing Industry Promotion Training and Management Levy Act 1994 233. When and to whom levy is payable 1 234. Payment by instalments 1 235. Exemption from levy 1 236. Penalty for non‑payment 1 237. Recovery of levy 1 Division 2 — Accounts 238. Fisheries Research and Development Account 1 239. Recreational Fishing Account 1 240. Fishing Industry Promotion Training and Management Levy Account 1 243. Financial Management Act 2006 and Auditor General Act 2006, application of 1 Part 19 — Miscellaneous 244. Protection from personal liability 1 246. Administrative guidelines, issue and effect of 1 247. Guidelines about foreign interests, issue of 1 248. Consultation before issue etc. of guidelines under s. 246 or 247 1 249. Inquiry into holder etc. of authorisation, commencement and conduct of 1 250. Confidential information, divulging 1 251. Exclusive licences to take fish, grant of 1 252. Marine reserve, no exclusive licence to be granted in 1 254. Waterway works, public authority to notify Minister of 1 255. Activities that pollute waters, Minister may prohibit 1 256. Regulations, general power to make 1 257. Regulations about licensing 1 258. Regulations, miscellaneous subjects for 1 259. Categories of fish, prescription of 1 261. Notices etc., service of 1 262. Orders, regulations etc., CEO to make publicly available 1 263. Annual report of Department, content of 1 Part 20 — Transitional matters Division 1 — Transitional matters for Fish Resources Management Act 1994 266. Fish Resources Management Act 1994, provisions for (Sch. 3) 1 Division 2 — Transitional matters for Fish Resources Management Amendment Act 2011 267. Term used: amending Act 1 268. Exemptions under s. 7 1 269. Application of extended period for service of infringement notices under s. 228 1 270. Transfer of money in accounts under repealed s. 241 and 242 1 Schedule 3 — Savings and transitional provisions for Fish Resources Management Act 1994 1. Interpretation Act 1984 not affected 1 2. Director of Fisheries 1 3. Inspectors 1 4. Honorary inspectors 1 5. Fisheries Research and Development Fund 1 7. Arrangements 1 8. Limited entry fishery taken to be managed fishery 1 9. Limited entry fishery notice taken to be management plan 1 10. Limited entry fishery licence continued in force 1 11. Permit to establish processing establishment continued in force 1 12. Processor's licence continued in force 1 13. Fish farm licence continued in force 1 14. Proclaimed fishing zones continued in force 1 15. Fishing boat licence continued in force 1 16. Carrier boat licence continued in force 1 17. Professional fisherman's licence continued in force 1 18. Recreational fishing licence continued in force 1 19. Transitional regulations 1 Notes Compilation table 1 Uncommenced provisions table 1 Other notes 1 Defined terms Western Australia Fish Resources Management Act 1994 An Act relating to the management of fish resources, including the development and management of fisheries and aquaculture and the conservation of fish and other aquatic resources and their habitats, and for related purposes. [Long title inserted: No. 43 of 2011 s. 4.] Part 1 — Preliminary 1. Short title This Act may be cited as the Fish Resources Management Act 1994. 2. Commencement This Act comes into operation on such day as is fixed by proclamation. 3. Objects (1) The objects of this Act are — (a) to develop and manage fisheries and aquaculture in a sustainable way; and (b) to share and conserve the State's fish and other aquatic resources and their habitats for the benefit of present and future generations. (2) Those objects will be achieved by these means in particular — (a) conserving fish and protecting their environment; (b) ensuring that the impact of fishing and aquaculture on aquatic fauna and their habitats is ecologically sustainable and that the use of all aquatic resources is carried out in a sustainable manner; (c) enabling the management of fishing, aquaculture, tourism that is reliant on fishing, aquatic eco‑tourism and associated non‑extractive activities that are reliant on fish and the aquatic environment; (d) fostering the sustainable development of commercial and recreational fishing and aquaculture, including the establishment and management of aquaculture facilities for community or commercial purposes; (e) achieving the optimum economic, social and other benefits from the use of fish resources; (f) enabling the allocation of fish resources between users of those resources, their reallocation between users from time to time and the management of users in relation to their respective allocations; (g) providing for the control of foreign interests in fishing, aquaculture and associated industries; (h) enabling the management of fish habitat protection areas and the Abrolhos Islands reserve. [Section 3 inserted: No. 43 of 2011 s. 5.] 4A. Precautionary principle, effect of In the performance or exercise of a function or power under this Act, lack of full scientific certainty must not be used as a reason for postponing cost‑effective measures to ensure the sustainability of fish stocks or the aquatic environment. [Section 4A inserted: No. 43 of 2011 s. 5.] 4. Terms used (1) In this Act, unless the contrary intention appears — Aboriginal body corporate means — (a) a corporation registered under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Commonwealth); or (b) an incorporated association under the Associations Incorporation Act 2015 the membership of which is wholly or principally composed of Aboriginal persons; Aboriginal person means a member of the Aboriginal race of Australia; Abrolhos Islands reserve means Reserve No. 20253 classified as of Class "A"; aquaculture means the keeping, breeding, hatching, culturing or harvesting of fish; aquaculture gear means any equipment, implement, device, apparatus or other thing used or designed for use for, or in connection with, aquaculture — (a) whether the gear contains fish or not; and (b) whether the gear is used for aquaculture or for navigational lighting or marking as a part of aquaculture safety, and includes gear used to delineate the area of an aquaculture licence, temporary aquaculture permit or aquaculture lease; aquaculture lease means a lease granted under section 97; aquaculture licence means an aquaculture licence granted under section 92; aquatic eco‑tourism means tourism relating to fish in their natural environment and includes the viewing or feeding of fish but does not include the taking of fish; aquatic resources includes biochemicals, genetic resources, organisms, populations and other biotic components of an aquatic ecosystem that are of actual or potential use, or of actual or potential value, to humanity; Australian fishing zone has the same meaning as in the Commonwealth Act; authorisation means a licence or permit; bed, in relation to any waters, means the land permanently or intermittently covered by the waters or the land over which the waters permanently or intermittently flow; boat means a vessel, craft or floating platform of any description that is capable of use in or on water, whether floating or submersible; broodstock means fish taken or kept for breeding; bycatch reduction device means fishing gear designed or intended to reduce the capture of bycatch; category 1 fish means any fish of a species prescribed under section 259 to be category 1 fish; category 2 fish means any fish of a species prescribed under section 259 to be category 2 fish; category 3 fish means any fish of a species prescribed under section 259 to be category 3 fish; category 4 fish means any fish of a species prescribed under section 259 to be category 4 fish; CEO means the chief executive officer of the Department; coastal waters, in relation to the State, has the same meaning as in the Commonwealth Act; commercial fishing means fishing for a commercial purpose; commercial fishing licence means a licence granted under the regulations authorising an individual to engage in commercial fishing; commercial purpose means the purpose of sale or any other purpose that is directed to gain or reward; commercially protected fish means any fish of a class prescribed under section 45 to be commercially protected fish; Commonwealth Act means the Fisheries Management Act 1991 of the Commonwealth; customary fishing means fishing by an Aboriginal person that — (a) is in accordance with the Aboriginal customary law and tradition of the area being fished; and (b) is for the purpose of satisfying personal, domestic, ceremonial, educational or non‑commercial communal needs; Department means the department of the Public Service principally assisting the Minister in the administration of this Act; designated fishing zone means an area prescribed under section 109 to be a designated fishing zone; document includes any tape, disc or other device or medium on which information is recorded or stored mechanically, photographically, electronically or otherwise; entitlement means an entitlement that a person has from time to time under a managed fishery licence or an interim managed fishery permit; exclusive licence means an exclusive licence granted under section 251; exemption means an exemption granted under section 7; exotic fish means fish of a species that is not native to WA waters; export, from the State, means to export from the State — (a) whether interstate or overseas; and (b) whether for a commercial or other purpose; fish means an aquatic organism of any species (whether alive or dead) and includes — (a) the eggs, spat, spawn, seeds, spores, fry, larva or other source of reproduction or offspring of an aquatic organism; and (b) a part only of an aquatic organism (including the shell or tail); and (c) live rock and live sand, but does not include aquatic mammals, aquatic reptiles, aquatic birds, amphibians or (except in relation to Part 3 and Division 1 of Part 11) pearl oysters; fish aggregating device includes an artificial reef or other man‑made structure that is used or intended to be used for, or is made or adapted for use for, attracting fish or increasing fish production; fish habitat protection area means an area set aside under section 115 as a fish habitat protection area; fish processor's licence means a fish processor's licence granted under section 83; fisheries officer means a fisheries officer referred to in section 11; fishery means — (a) one or more stocks or parts of stocks of fish that can be treated as a unit for the purposes of conservation or management; and (b) a class of fishing activities in respect of those stocks or parts of stocks of fish; fishing or fishing activity means any of the following — (a) searching for fish; (b) attempting to take fish; (c) taking fish; (d) engaging in any other activity that can reasonably be expected to result in the taking of fish; fishing boat means a boat that is used for commercial fishing; fishing boat licence means a licence granted under the regulations authorising a person to use a boat for commercial fishing; fishing gear means any equipment, implement, device, apparatus or other thing used or designed for use for, or in connection with, fishing; fishing tour means a tour a central purpose of which is to provide an opportunity for recreational fishing and may include the provision of fishing guidance, fishing gear, accommodation or transport; foreign boat has the same meaning as in the Commonwealth Act; forfeited entitlement means the amount by which an entitlement is reduced under section 76; honorary fisheries officer means an honorary fisheries officer appointed under section 179; interim managed fishery means a fishery declared by a management plan to be an interim managed fishery; interim managed fishery permit, in relation to an interim managed fishery, means — (a) a permit granted under section 66 in respect of that fishery; or (b) a permit that is taken under section 78A(3) to have been granted under section 66 in respect of that fishery; levy means a levy imposed under the Fishing Industry Promotion Training and Management Levy Act 1994; licence means any of the following — (a) an aquaculture licence; (b) a commercial fishing licence; (c) a fishing boat licence; (d) a fish processor's licence; (e) a managed fishery licence; (f) a recreational fishing licence; (g) any other licence provided for in the regulations; managed fishery means a fishery declared by a management plan to be a managed fishery; managed fishery licence, in relation to a managed fishery, means — (a) a licence granted under section 66 in respect of that fishery; or (b) a licence that is taken under section 78A(3) to have been granted under section 66 in respect of that fishery; management plan, in relation to a fishery, means a management plan determined for that fishery under section 54; marine management area has the same meaning as in the Conservation and Land Management Act 1984; marine nature reserve has the same meaning as in the Conservation and Land Management Act 1984; marine park has the same meaning as in the Conservation and Land Management Act 1984; master, in relation to a boat, means the person for the time being having the command, charge or management of the boat; MEMP, for an aquaculture licence, means a management and environmental monitoring plan prepared under section 92A in relation to the activity authorised under the licence; noxious fish means any live fish of a species prescribed under section 103 to be noxious fish; noxious substance means any substance that may be harmful to fish; peak industry body means such body (whether incorporated or not) as is prescribed for the purposes of this definition; pearl oyster has the same meaning as in section 3(1) of the Pearling Act 1990; permit means — (a) an interim managed fishery permit; or (b) a permit granted under section 80; place means any land, building, structure (whether permanent or temporary), tent, boat, aircraft or vehicle or any part of any land, building, structure, tent, boat, aircraft or vehicle; possession includes having under control in any place, whether for the use or benefit of the person in relation to whom the term is used or another person, and whether or not another person has the actual possession or custody of the thing in question; precautionary principle means the principle set out in section 4A; premises includes part of any premises but does not include — (a) an unauthorised structure; or (b) a caravan that is not in an area registered as a caravan park by a local government or regional local government; private land means any land that — (a) is alienated from the Crown for any estate of freehold; or (b) is the subject of a conditional purchase agreement, or of any lease or concession with or without a right of acquiring the fee simple in that land; process means cut up, break up, shell, skin, shuck, fillet, cook, void, purge, pack, chill, freeze, can, preserve, or otherwise treat any fish and, in relation to fish of a prescribed class, includes hold or consign the fish live for export; protected fish means — (a) totally protected fish; or (b) commercially protected fish; or (c) recreationally protected fish; purchase includes each of the following — (a) to take in exchange; (b) to agree or offer to take in exchange; (c) to receive, accept or take delivery under an agreement to take in exchange; (d) to attempt to purchase, but does not include to conduct a prescribed transaction, or a transaction in a prescribed class of transactions, if the transaction is conducted by an Aboriginal person; record includes any document, whether or not it has been completed; recreational fishing means fishing other than commercial fishing or customary fishing; recreational fishing licence means a licence granted under the regulations authorising an individual to engage in recreational fishing; recreationally protected fish means any fish of a class prescribed under section 45 to be recreationally protected fish; register means the register kept under section 125; Registrar means the Registrar referred to in section 124; repealed Act means the Fisheries Act 1905; return means a return that is required under this Act to be submitted to or lodged with the CEO; security holder, in relation to an authorisation or aquaculture lease, means a person noted on the register as having a security interest in the authorisation or aquaculture lease; security interest, in relation to an authorisation or aquaculture lease, means an interest in the authorisation or aquaculture lease (however arising) which secures payment of a debt or other pecuniary obligation or the performance of any other obligation; sell includes each of the following — (a) to auction; (b) to put out to tender; (c) to barter or exchange; (d) to supply for profit; (e) to offer for sale; (f) to receive or possess for sale; (g) to expose for sale; (h) to consign or deliver for sale; (i) to dispose of by way of raffle, lottery or other game of chance, but does not include to conduct a prescribed transaction, or a transaction in a prescribed class of transactions, if the transaction is conducted by an Aboriginal person; species includes subspecies, hybrid or variant; specified, in relation to a regulation, management plan, order, notice or other instrument, means specified in the regulation, management plan, order, notice or other instrument (as the case may be); take, in relation to fish, includes catch, capture, entrap, enclose, gather, remove, poison, stun, kill or destroy fish by any means; temporary aquaculture permit means a temporary aquaculture permit granted under section 97B(1); this Act includes regulations, orders and management plans made or determined under this Act; totally protected fish means any fish of a class prescribed under section 45 to be totally protected fish; unauthorised structure means any hut, shack or other structure on land other than private land the erection of which has not been authorised under a written law; unit, in relation to an entitlement, means a unit as defined from time to time in the relevant management plan; vary, in relation to an authorisation, means to vary anything in the authorisation and includes to substitute any boat, place or other thing in respect of which the authorisation is granted; vehicle has the same meaning as in the Road Traffic (Administration) Act 2008 section 4; waters includes — (a) the bed or subsoil, if any, under any waters; and (b) the airspace above any waters; WA waters has the meaning given by section 5. (2) A class of fishing activities or a fishery may be defined in an order, management plan, regulation, arrangement, notice, authorisation or other instrument by reference to all or any of the following — (a) a species or type of fish; (b) a description of fish by reference to sex, weight, size, reproductive cycle or any other characteristic; (c) an area of land or waters; (d) a method of fishing; (e) a type of fishing gear; (f) a class of boats, vehicles or aircraft; (g) a class of persons; (h) a purpose of activities. [Section 4 amended: No. 14 of 1996 s. 4; No. 5 of 1997 s. 46; No. 41 of 2000 s. 5; No. 2 of 2002 s. 5; No. 74 of 2003 s. 56(2); No. 55 of 2004 s. 381; No. 28 of 2006 s. 232; No. 43 of 2011 s. 6; No. 8 of 2012 s. 111; No. 30 of 2015 s. 232.] 5. WA waters In this Act, a reference to WA waters — (a) is a reference to all waters within the limits of the State; and (b) except for purposes relating to a fishery that is to be managed in accordance with the law of the Commonwealth under an arrangement under Part 3 and except for purposes specified in paragraph (d), is a reference to any waters not within the limits of the State that are on the landward side of waters adjacent to the State that are within the Australian fishing zone; and (c) for purposes relating to a fishery that is to be managed in accordance with the law of the State under an arrangement under Part 3, is a reference to any waters to which the legislative powers of the State extend, with respect to that fishery, whether under section 5 of the Coastal Waters (State Powers) Act 1980 of the Commonwealth or otherwise; and (d) for purposes relating to recreational fishing, within the meaning of the Commonwealth Act, other than recreational fishing — (i) carried on by the use of a foreign boat; or (ii) prohibited or regulated by a plan of management determined under section 17 of the Commonwealth Act, is a reference to any waters to which the legislative powers of the State extend with respect to such fishing. 6. Aboriginal persons, application of Act to An Aboriginal person is not required to hold a recreational fishing licence to the extent that the person takes fish from any waters in accordance with continuing Aboriginal tradition if the fish are taken for the purposes of the person or his or her family and not for a commercial purpose. 7. Exemptions from Act, grant of by Minister (1) The Minister may, by instrument in writing, exempt a specified person or specified class of persons from all or any of the provisions of this Act. (2) The Minister may only grant an exemption under subsection (1) for one or more of these purposes — (a) research; (b) environmental protection; (c) public safety; (d) public health; (e) commercial purposes; (f) community education about and compliance with this Act; (g) enforcement of this Act. [(3) deleted] (4) An application for an exemption — (a) may be made to the Minister; and (b) must be in a form approved for that purpose by the CEO; and (c) must be accompanied by the prescribed fee (if any). (5) An exemption may be granted subject to such conditions as the Minister thinks fit and specifies in the instrument. (6) The Minister may, if he or she thinks fit, by further instrument in writing — (a) vary or revoke an exemption; or (b) delete, vary or add to any conditions imposed in relation to that exemption. (7) A person must not contravene a condition of an exemption. Penalty: In the case of an individual, $10 000 or, in the case of a body corporate, $20 000. [Section 7 amended: No. 28 of 2006 s. 236(1); No. 43 of 2011 s. 7.] 8. Crown bound (1) This Act binds the Crown in right of the State and, subject to the limits of the legislative power of the State, the Crown in all its other capacities. (2) Nothing in this Act makes the Crown in any of its capacities liable to be prosecuted for an offence. Part 2 — Administration 9. "Minister for Fisheries", body corporate (1) The body corporate constituted by the Minister and referred to in section 4A of the repealed Act under the name "Minister for Fisheries" is preserved and continued in existence. (2) The corporate identity and the rights, obligations and assets of the body corporate are not affected by the repeal of the repealed Act. (3) The body corporate — (a) has perpetual succession and a common seal; and (b) may sue and be sued in its corporate name; and (c) is capable of doing and suffering all that bodies corporate may do and suffer. (4) If a document is produced bearing a seal purporting to be the common seal of the Minister for Fisheries, it is to be presumed that the common seal is the common seal of the Minister for Fisheries, unless the contrary is proved. [10. Deleted: No. 28 of 2006 s. 233.] 11. Fisheries officers and other staff, appointment of There are to be appointed under Part 3 of the Public Sector Management Act 1994 such fisheries officers and other staff as are required for the purposes of the administration of this Act. 12. Delegation by Minister (1) The Minister may, by instrument in writing, delegate to a person, either generally or as otherwise provided in the instrument, any power or duty under this Act, other than — (a) this power of delegation; and (b) the powers conferred under sections 54, 97, 115, 119, 122, 246, 247, 251 and 255. (2) Anything done by a delegate under a delegation under this section has the same force and effect as if it had been done by the Minister. [Section 12 amended: No. 43 of 2011 s. 8.] 13. Delegation by CEO (1) The CEO may, by instrument in writing, delegate to a person, either generally or as otherwise provided in the instrument, any power or duty under this Act, other than this power of delegation. (2) Anything done by a delegate under a delegation under this section has the same force and effect as if it had been done by the CEO. [Section 13 amended: No. 28 of 2006 s. 236(1).] 14. Minister may carry out research etc. The Minister may cause to be carried out any research, exploration, experiments, works or operations of any kind for the purposes of this Act. Part 3 — Commonwealth‑State management of fisheries Division 1 — Preliminary 15. Terms used In this Part, unless the contrary intention appears — arrangement means an arrangement made by the State with the Commonwealth under this Part, whether or not it is also made with another State or other States; Commonwealth Minister means the Minister for the time being administering the Commonwealth Act and any other Minister exercising powers and performing functions under section 60 of the Commonwealth Act; corresponding law means a law of the Commonwealth or another State declared by the regulations to be a law corresponding to this Act; fishery means a class of fishing activities identified in an arrangement as a fishery to which the arrangement applies; fishing activities includes aquaculture; Joint Authority means — (a) the Western Australian Fisheries Joint Authority continued in existence under the Fisheries Legislation (Consequential Provisions) Act 1991 of the Commonwealth; and (b) any other Joint Authority established under the Commonwealth Act of which the Minister is a member; Joint Authority fishery means a fishery in respect of which there is in force an arrangement under which the fishery is to be under the management of a Joint Authority; State includes a Territory. [Section 15 amended: No. 37 of 2009 s. 4; No. 43 of 2011 s. 9.] Division 2 — Joint Authorities 16. Minister's powers and functions under Commonwealth Act (1) The Minister may exercise any power and perform any function conferred on the Minister by the Commonwealth Act, including any power or function conferred on the Minister as a member of a Joint Authority. (2) If, in the exercise of the power conferred on the Minister by the Commonwealth Act, the Minister appoints a deputy, the deputy may exercise the powers and perform the functions conferred by that Act on the deputy of a member of a Joint Authority other than the Commonwealth Minister. 17. Judicial notice of signature etc. of Joint Authority member All courts and persons acting judicially must take judicial notice of the signature of a person who is or has been a member of a Joint Authority or a deputy of a member of a Joint Authority and of the fact that the person is, or was at a particular time, such a member or deputy. 18. Functions of Joint Authority A Joint Authority has such functions in relation to a fishery in respect of which an arrangement is in force as are conferred on it by the law in accordance with which, under the arrangement, the fishery is to be managed. 19. Delegation by Joint Authority (1) A Joint Authority may, by instrument in writing, delegate to a person, either generally or as otherwise provided in the instrument, any of its powers under this Act other than this power of delegation. (2) If a power delegated under subsection (1) is exercised by the delegate, the power must, for the purposes of this Act, be taken to have been exercised by the Joint Authority. (3) A delegation under this section may be expressed as a delegation to the person from time to time holding or performing the duties of a specified office, including an office — (a) in the service of; or (b) in the service of an authority of; or (c) under the law of, the Commonwealth or another State. (4) A delegate of a Joint Authority is, in the exercise of delegated powers, subject to the directions of the Joint Authority. (5) A delegation of a power under this section — (a) may be revoked, by instrument in writing, by the Joint Authority (whether or not constituted by the persons constituting the Joint Authority at the time the power was delegated); and (b) does not prevent the exercise of the power by the Joint Authority; and (c) continues in force despite any change in the membership of the Joint Authority. (6) A certificate signed by a member of a Joint Authority stating any matter with respect to a delegation under this section by the Joint Authority is evidence of that matter. (7) A document purporting to be a certificate referred to in subsection (6) must, unless the contrary is established, be taken to be such a certificate and to have been duly given. (8) Nothing in this section — (a) limits the operation of sections 58 and 59 of the Interpretation Act 1984; or (b) is intended to prevent the delegation by a Joint Authority, in accordance with the law of the Commonwealth, of powers conferred on the Joint Authority by that law. [Section 19 amended: No. 43 of 2011 s. 10.] 20. Procedure of Joint Authorities (1) Sections 66 to 68 (inclusive) of the Commonwealth Act apply to and in relation to the performance by a Joint Authority of its functions under a written law of the State. (2) A written record of a decision of a Joint Authority, if signed by the Commonwealth Minister, or a deputy of that Minister, who took part in or made the decision, is evidence that the decision, as recorded, was duly made. (3) In any legal proceedings, an instrument or other document signed, on behalf of a Joint Authority, by a member of that Joint Authority — (a) must be taken to have been duly executed by the Joint Authority; and (b) unless the contrary is proved, must be taken to be in accordance with a decision of the Joint Authority. 21. Report of Joint Authority The Minister must cause a copy of a report of a Joint Authority prepared under section 70 of the Commonwealth Act to be laid before each House of Parliament as soon as practicable after the preparation of the report. Division 3 — Arrangements for management of particular fisheries 22. Arrangement for management under Commonwealth Act (1) The State may, in accordance with section 74 of the Commonwealth Act, make an arrangement referred to in section 71 or 72 of that Act for the management of a particular fishery. (2) An arrangement may be terminated as provided by the Commonwealth Act. (3) After an arrangement has been made but before the arrangement takes effect authorisations, regulations, orders and instruments may be granted, renewed, made or determined for the purposes of the operation of this Act as affected by the arrangement as if the arrangement had taken effect. (4) An authorisation, regulation, order or instrument referred to in subsection (3) does not have effect before the arrangement takes effect. (5) On the termination of an arrangement, authorisations, regulations, orders and instruments granted, renewed, made or determined, for the purposes of the operation of this Act as affected by the arrangement cease to have effect. (6) After action for the purpose of the termination of an arrangement has been taken, but before the termination takes effect authorisations, regulations, orders and instruments may be granted, renewed, made or determined for the purposes of the operation of this Act as affected by the termination of the arrangement, as if the arrangement had been terminated. (7) An authorisation, regulation, order or instrument referred to in subsection (6) does not have effect before the termination of the arrangement takes effect. 23. Application of this Act to fisheries under arrangements (1) Subject to subsection (2), if an arrangement is in force that provides that a particular fishery is to be managed in accordance with the law of the State (whether or not also in accordance with some other law), the provisions of this Act apply to and in relation to the fishery. (2) The provisions of this Act do not apply to or in relation to the fishery in respect of — [(a) deleted] (b) matters that occurred in the Australian fishing zone before the arrangement took effect. [Section 23 amended: No. 37 of 2009 s. 5.] 24A. Application of Commonwealth law to fisheries under arrangements If there is in force an arrangement that provides that a particular fishery is to be managed in accordance with the law of the Commonwealth (whether or not also in accordance with some other law), the law of the Commonwealth applies to the limits of the State as a law of the State. [Section 24A inserted: No. 37 of 2009 s. 6.] 24. Joint Authority, functions of (1) If, in respect of a fishery, an arrangement is in force under which a Joint Authority has the management of the fishery and the fishery is to be managed in accordance with the law of the State (whether or not also in accordance with some other law), the Joint Authority has the functions of — (a) keeping constantly under consideration the condition of the fishery; and (b) formulating policies and plans for the good management of the fishery; and (c) for the purposes of the management of the fishery — (i) exercising the powers conferred on it by this Act; and (ii) co‑operating and consulting with other authorities (including other Joint Authorities within the meaning of the Commonwealth Act) in matters of common concern. (2) A Joint Authority is to pursue the following objectives in the performance of its functions under subsection (1) — (a) ensuring, through proper conservation, preservation and fisheries management measures, that fish resources are not endangered by over‑exploitation; and (b) achieving the optimum utilization of those resources; and (c) generally acting consistently with, and in furtherance of, the objects of this Act. [Section 24 amended: No. 37 of 2009 s. 7.] 25. Joint Authority, exercise of powers by (1) Except as provided in this section, an authorisation granted or renewed under this Act otherwise than by virtue of this section does not authorise the doing of any act or thing in or in relation to a Joint Authority fishery. (2) If a Joint Authority fishery is to be managed in accordance with the law of the State (whether or not also in accordance with some other law) — (a) the powers (including powers with respect to authorisations) conferred on the Minister or another person under this Act (this Part excepted) are exercisable by the Joint Authority instead of the Minister or other person; and (b) references in the relevant provisions to the Minister and to another person authorised to exercise a power, are taken to be references to the Joint Authority. (3) An authorisation granted by a Joint Authority must be limited (whether by conditions or otherwise) to apply only in relation to a Joint Authority fishery, or Joint Authority fisheries, managed by the Joint Authority. (4) A Joint Authority may endorse an authorisation (including an authorisation granted by the Joint Authority or another Joint Authority) to extend the operation of the authorisation to matters to which the licensing powers of the Joint Authority under this Act are applicable. (5) If an endorsement referred to in subsection (4) is made — (a) the endorsement ceases to have effect if the authorisation ceases to have effect; and (b) the Joint Authority may suspend or cancel the endorsement as if it were an authorisation granted by the Joint Authority. (6) Subject to section 28, if at a time a fishery becomes a Joint Authority fishery, a regulation, order or instrument made or determined under this Act would, but for this subsection, apply to the fishery, the regulation, order or instrument, as the case may be, ceases so to apply. (7) This section does not empower a Joint Authority to grant, or to take other action in respect of, an authorisation in respect of a foreign boat or to endorse such an authorisation. [Section 25 amended: No. 37 of 2009 s. 8.] 26. Provisions in this Act about offences etc., application of to Joint Authority fishery Provisions of this Act that relate to offences, enforcement and legal proceedings — (a) apply in respect of anything done to, or in relation to, fish to which a Joint Authority fishery relates or otherwise in relation to a Joint Authority fishery; and (b) for the purpose of paragraph (a) are to be read — (i) as if any reference in the provisions to an authorisation were a reference to an authorisation or an endorsement of an authorisation, as the case may be, granted, renewed or made by the relevant Joint Authority, in relation to the person alleged to have committed the offence or the boat alleged to have been used in the commission of the offence; and (ii) as if any reference in the provisions to fish were a reference to fish to which the Joint Authority fishery relates. 27. Certain statements in arrangements, presumptions as to A statement in an arrangement must be conclusively presumed to be correct if it is to the effect that specified waters — (a) in the case of an arrangement to which the Commonwealth and the State are the only parties, are waters adjacent to the State; and (b) in the case of any other arrangement, are waters adjacent to the States that are parties to the arrangement or are waters adjacent to a specified State or States. 28. Regulations etc. for fisheries under arrangements (1) If a Joint Authority is to manage a fishery in accordance with the law of the State, the Governor may, for the purpose of giving effect to a decision of the Joint Authority — (a) make regulations for the management of the fishery; or (b) make a regulation applying to the fishery a regulation made otherwise than under this section; or (c) amend a regulation made otherwise than under this section so that it is expressed to apply to the fishery, whether or not it also applies to another fishery. (2) If a Joint Authority is to manage a fishery in accordance with the law of the State, the Minister may, for the purpose of giving effect to a decision of the Joint Authority — (a) make an order that applies to the fishery; or (b) by order published in the Gazette apply to the fishery an order under this Act made otherwise than under this section; or (c) by order published in the Gazette amend an order under this Act made otherwise than under this section so that it is expressed to apply to the fishery, whether or not it also applies to another fishery. (3) If a Joint Authority is to manage a fishery in accordance with the law of the State, the Minister may, for the purpose of giving effect to a decision of the Joint Authority — (a) by instrument in writing published in the Gazette, determine a management plan for the fishery; or (b) by instrument in writing published in the Gazette apply to the fishery a management plan under this Act made otherwise than under this section; or (c) by instrument in writing published in the Gazette amend a management plan under this Act made otherwise than under this section so that it is expressed to apply to the fishery, whether or not it also applies to another fishery. (4) The power conferred — (a) on the Governor to make regulations otherwise than under subsection (1) does not extend to the making of a regulation of a kind referred to in subsection (1)(a) or (b) or the amendment of a regulation in the manner referred to in subsection (1)(c); (b) on the Minister to make orders otherwise than under subsection (2) does not extend to the making of an order of a kind referred to in subsection (2)(a) or (b) or the amendment of an order in the manner referred to in subsection (2)(c); (c) on the Minister to make or determine instruments otherwise than under subsection (3) does not extend to the making or determination of an instrument of a kind referred to in subsection (3)(a) or (b) or the amendment of a management plan in the manner referred to in subsection (3)(c). (5) If a regulation, order or instrument affecting a fishery that is to be managed by a Joint Authority is expressed to be made under this section, it must be conclusively presumed that it was made for the purpose of giving effect to a decision of the Joint Authority. Division 4 — Arrangements with other States and Territories [Heading inserted: No. 37 of 2009 s. 9.] 29A. Minister may enter into arrangements The Minister may enter into an agreement with a Minister administering a corresponding law, or with an authority of another State or Territory concerned in the administration of that law, for the purpose of cooperation in furthering the objects of this Act (whether in this State or in that other State or Territory). [Section 29A inserted: No. 37 of 2009 s. 9.] 29B. Minister's functions for this Division (1) For the purposes of this Division, the Minister may exercise any power and perform any function conferred on the Minister under Division 2 or 3 as if the Commonwealth Act applied under this Division. (2) Divisions 2 and 3 apply in respect of agreements under this Division, with such modifications as are necessary. [Section 29B inserted: No. 37 of 2009 s. 9.] Part 4 — Advisory Committees [Divisions 1-3 (s. 29-40) deleted: No. 37 of 2009 s. 10.] Division 4 — Fishery Management Advisory Committees 41. Committees, establishment and functions of (1) The Minister may, by instrument in writing, establish an advisory committee for a fishery consisting of such persons as the Minister thinks fit. (2) The function of an advisory committee established by the Minister is to provide information and advice to the Minister or the CEO on matters related to the protection and management of the fishery. (3A) The CEO may, by instrument in writing, establish an advisory committee for a fishery consisting of such persons as the CEO thinks fit. (3B) The function of an advisory committee established by the CEO is to provide information and advice to the CEO on matters related to the protection and management of the fishery. (3) The instrument establishing an advisory committee — (a) must identify the fishery for which the committee is established and the members of the committee; (b) may provide for any other matter that, in the opinion of the person establishing the committee, is necessary for the operation of the committee. (4) The person establishing the committee may, by further instrument in writing, amend or revoke an instrument made under this section. (5) An advisory committee may be established under this section for a fishery whether or not a management plan is in force in respect of that fishery. [Section 41 amended: No. 37 of 2009 s. 11.] Division 5 — Other committees 42. Other committees, establishment and functions of (1) The Minister may, by instrument in writing, establish other advisory committees, consisting of such person's as the Minister thinks fit, to provide information and advice to the Minister or the CEO on matters related to the administration of this Act. (2A) The CEO may, by instrument in writing, establish other advisory committees, consisting of such persons as the CEO thinks fit, to provide information and advice to the CEO on matters related to the administration of this Act. (2) The instrument establishing an advisory committee — (a) must specify the functions, and identify the members, of the committee; (b) may provide for any other matter that, in the opinion of the person establishing the committee, is necessary for the operation of the committee. (3) The person establishing the committee may, by further instrument in writing, amend or revoke an instrument made under this section. [Section 42 amended: No. 37 of 2009 s. 12.] Division 6 — Operation of committees [Heading inserted: No. 37 of 2009 s. 13.] 43A. Regulations about operation of committees The regulations may provide for any matter necessary for the operation of — (a) a Fishery Management Advisory Committee established under Division 4; or (b) another committee established under Division 5. [Section 43A inserted: No. 37 of 2009 s. 13.] Part 5 — General regulation of fishing Division 1 — Prohibited fishing 43. Minister may prohibit fishing (1) The Minister may, by order published in the Gazette, prohibit persons or any specified class of persons from engaging in any fishing activity of a specified class. (2) An order may prohibit a fishing activity at all times or during any specified period. (3) A person must not — (a) contravene a provision of an order; or (b) have in the person's possession any fish taken in contravention of an order; or (c) have in the person's possession any fishing gear intended to be used to engage in an activity that the person is prohibited from engaging in by an order. Penalty: As provided in sections 52 and 222. (4) It is a defence in proceedings for an offence against subsection (3)(b) for the person charged to prove that the person did not know, and could not reasonably be expected to have known, that the fish had been taken in contravention of an order. (5) The Minister may, by further order published in the Gazette, amend or revoke an order made under this section. 44. Minister's orders subject to disallowance by Parliament (1) An order made under this Division is subsidiary legislation for the purposes of the Interpretation Act 1984. (2) Section 42 of the Interpretation Act 1984 applies to and in relation to an order made under this Division as if the order were a regulation. Division 2 — Protected fish 45. Protected fish, prescription of (1) A class of fish may be prescribed to be — (a) totally protected fish; or (b) commercially protected fish; or (c) recreationally protected fish, for the purposes of this Act. (2) A class of fish may be defined for the purposes of subsection (1) by reference to all or any of the following — (a) a species or type of fish; (b) a description of fish by reference to sex, size, weight, reproductive cycle or any other characteristic; (c) an area of land or waters from which the fish are taken; (d) a period of time during which the fish is taken; (e) any other factor. [Section 45 amended: No. 43 of 2011 s. 11.] 46. Totally protected fish, offences as to A person must not — (a) take; or (b) have in the person's possession; or (c) sell or purchase; or (d) consign; or (e) bring into the State or into WA waters, any totally protected fish. Penalty: As provided in sections 52 and 222. 47. Commercially protected fish, offences as to A person must not — (a) take for the purpose of sale; or (b) have in the person's possession for the purpose of sale; or (c) process for the purpose of sale; or (d) consign; or (e) sell or purchase, any commercially protected fish. Penalty: As provided in sections 52 and 222. 48A. Recreationally protected fish, offences as to (1) A person must not take any recreationally protected fish while engaging in recreational fishing. Penalty: as provided in sections 52 and 222. (2) A person must not — (a) have in the person's possession; or (b) sell or purchase; or (c) consign; or (d) bring into the State or into WA waters, any recreationally protected fish. Penalty for an offence under subsection (2): as provided in sections 52 and 222. [Section 48A inserted: No. 43 of 2011 s. 12.] 48. Defences to charges under s. 46, 47 or 48A (1) It is a defence in proceedings for an offence against section 46 or 47 for the person charged to prove — (a) in the case of an offence relating to the taking of fish, that on becoming aware of the taking of the fish, the person took immediate steps to return the fish to its natural environment with the least possible injury; or (ba) that the fish were collected for broodstock or other aquaculture purposes in accordance with an authorisation; or (b) that the fish were of a prescribed class and were being, or had been, kept, bred, hatched, cultured or harvested in accordance with an aquaculture licence; or (c) that the person has any other defence prescribed in the regulations. (2) It is a defence in proceedings for an offence against section 48A for the person charged to prove — (a) in the case of an offence relating to the taking of fish, that, on becoming aware of the taking of the fish, the person took immediate steps to return the fish to its natural environment with the least possible injury; or (b) that the fish were taken for a commercial purpose in accordance with an authorisation; or (c) that the fish were collected for broodstock or other aquaculture purposes in accordance with an authorisation; or (d) that the fish were kept, bred, hatched, cultured or harvested in accordance with an aquaculture licence; or (e) that the person has any other defence prescribed in the regulations. [Section 48 amended: No. 43 of 2011 s. 13.] 49. Mutilation of fish to prevent determination, offence A person must not alter, mutilate or disfigure any fish with the intention of preventing the determination of whether or not that fish is a protected fish. Penalty: In the case of an individual, $25 000. In the case of a body corporate, $50 000. [Section 49 amended: No. 50 of 2003 s. 63(2).] Division 3 — Bag and possession limits 50. Bag limits for taking fish, regulations and offences as to (1) In this section, one day means a period of 24 hours commencing at midnight or, in relation to a bag limit for which a different period is provided by the regulations under subsection (6), such period as is provided. (2) The regulations may specify the maximum quantity of fish of a specified class that a person may take, or bring onto land or into WA waters, in one day (the bag limit). (3) A person must not take, or bring onto land or into WA waters, on any one day more fish than the bag limit of those fish. Penalty: As provided in sections 52 and 222. (4) It is a defence in proceedings for an offence against subsection (3) for the person charged to prove that — (a) the fish were taken for a commercial purpose in accordance with an authorisation; or (b) the fish were kept, bred, hatched, cultured or harvested in accordance with an aquaculture licence; or (c) the person has any other defence prescribed in the regulations. (5) The regulations may specify different bag limits in relation to — (a) different areas of the State; or (b) different classes of persons; or (c) different circumstances. (6) The regulations may provide that a bag limit applies to a period of 24 hours commencing at a time other than midnight. (7) This section does not authorise the taking of fish or the bringing of fish onto land or into WA waters in contravention of any other provision of this Act. [Section 50 amended: No. 43 of 2011 s. 14.] 51. Possession limits for fish, regulations and offences as to (1) The regulations may specify the maximum quantity of fish of a specified class that a person may have in possession in specified circumstances (the possession limit). (2) A person must not have in the person's possession in any such circumstances more than the possession limit of those fish. Penalty: As provided in sections 52 and 222. (3) Subsection (2) applies irrespective of the period over which the fish were taken. (4) It is a defence in proceedings for an offence against subsection (2) for the person charged to prove that — (a) the fish were taken for a commercial purpose in accordance with an authorisation; or (b) the fish were kept, bred, hatched, cultured or harvested in accordance with an aquaculture licence; or (c) the person has any other defence prescribed in the regulations. (5) The regulations may specify different possession limits in relation to — (a) different areas of the State; or (b) different classes of persons; or (c) different circumstances. (6) This section does not au