{"id":"aquatic-resources-management-act-2016","name":"Aquatic Resources Management Act 2016","slug":"aquatic-resources-management-act-2016","collection":"act","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29991,"registerId":"wa-aquatic-resources-management-act-2016-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Aquatic Resources Management Act 2016","content":"![Crest]()Western Australia\n\nAquatic Resources Management Act 2016\n\nWestern Australia\n\nAquatic Resources Management Act 2016\n\nContents\n\nPart 1 — Preliminary\n\n1. Short title 1\n\n2. Commencement 1\n\n3. Terms used 1\n\n4. Meaning of aquatic resource 11\n\n5. Meaning of WA waters 12\n\n8. Crown bound 13\n\nPart 2 — Objects\n\n9. Objects of Act 14\n\n10. Means of achieving objects of Act 14\n\n11. Regard to be had to objects of Act 15\n\nPart 3 — Managed aquatic resources\n\nDivision 1 — Preliminary\n\n12. Terms used 16\n\nDivision 2 — Strategy and planning\n\nSubdivision 1 — Declaration of managed aquatic resources\n\n14. Declaration of managed aquatic resources 16\n\nSubdivision 2 — Aquatic resource management strategies\n\n15. Requirement for ARMS 17\n\n16. Content of ARMS 17\n\n17. Draft ARMS 18\n\n18. CEO to consult on proposal for ARMS 19\n\n19. Revision of draft strategy following consultation 20\n\n20. Approval of ARMS 20\n\n21. Amendment and revocation of ARMS 21\n\nSubdivision 3 — Aquatic resource use plans\n\n23. Terms used 22\n\n24. Minister to make ARUP for managed aquatic resource 22\n\n25. Content of ARUPs 22\n\n26. Method for allocating shares under ARUP 24\n\n27. Form of surety 25\n\nDivision 3 — Administrative matters for managed aquatic resources\n\nSubdivision 1 — Preliminary\n\n32. Terms used 25\n\n33. CEO to notify TAC and catch 26\n\nSubdivision 2 — Commercial fishing\n\n34. Allocation of resource shares 26\n\n35. Nature of resource shares 27\n\n36. Transfer of resource shares 27\n\n37. Registration of catch entitlement 28\n\n38. Transfer of catch entitlement 29\n\n39. Provision of surety for authorisation 30\n\n40. Registration of surety 31\n\nPart 16 — Miscellaneous\n\n253. Protection from liability 32\n\n254. Administrative guidelines 32\n\n255. Guidelines about foreign interests 32\n\n256. Consultation in relation to guidelines 33\n\n257. Guidelines to be taken into account 33\n\n266A. Review of Act 33\n\nNotes\n\nCompilation table 35\n\nUncommenced provisions table 35\n\nDefined terms\n\n  \n\nWestern Australia\n\nAquatic Resources Management Act 2016\n\nAn Act to provide for —\n\n• the ecologically sustainable development and management of the State’s aquatic resources; and\n\n• the development of strategies and plans for the conservation of aquatic resources and the protection of aquatic ecosystems; and\n\n• the development and management of aquaculture that is compatible with the protection of aquatic ecosystems; and\n\n• the management of aquatic biosecurity; and\n\n• the repeal of the *Fish Resources Management Act 1994* and the *Pearling Act 1990*; and\n\n• consequential amendments to various other written laws,\n\nand for incidental and related purposes.\n\nThe Parliament of Western Australia enacts as follows:\n\n## Part 1 — Preliminary\n\n##### 1. Short title\n\nThis is the *Aquatic Resources Management Act 2016*.\n\n##### 2. Commencement\n\n(1) This Act comes into operation as follows —\n\n(a) sections 1 and 2 — on the day on which this Act receives the Royal Assent;\n\n(b) the rest of the Act — on a day fixed by proclamation, and different days may be fixed for different provisions.\n\n(2) Despite subsection (1)(b), if section 377 has not come into operation before the day on which the *Planning and Development Amendment Act 2023* section 50 comes into operation, the 2nd row in the Table to section 377(2) —\n\n(a) does not come into operation; and\n\n(b) is deleted on that day.\n\n[Section 2 amended: No. 34 of 2023 s. 58.]\n\n##### 3. Terms used\n\n(1) In this Act, unless the contrary intention appears —\n\nAboriginal body corporate means —\n\n(a) a corporation registered under the *Corporations (Aboriginal and Torres Strait Islander) Act 2006* (Commonwealth); or\n\n(b) an incorporated association under the *Associations Incorporation Act 2015* the membership of which is wholly or principally composed of Aboriginal persons;\n\nAboriginal person means a person who is wholly or partly descended from the original inhabitants of Australia;\n\nAbrolhos Islands reserve means Reserve No. 20253 being a class A reserve for the purposes of the *Land Administration Act 1997*;\n\napproved means approved by the CEO;\n\naquaculture means —\n\n(a) the keeping, breeding, hatching, culturing or harvesting of aquatic organisms; or\n\n(b) the culturing or harvesting of pearls;\n\naquaculture gear means any vessel, equipment, implement, device, apparatus or other thing used or designed for use for, or in connection with, aquaculture and includes —\n\n(a) gear used for navigational lighting or marking as a part of aquaculture safety; and\n\n(b) gear used to delineate the area of an aquaculture licence, temporary aquaculture permit or aquaculture lease;\n\naquaculture lease means a lease granted under section 88;\n\naquaculture licence means an aquaculture licence granted under section 77;\n\naquatic eco‑tourism means tourism relating to aquatic organisms in their natural environment and includes the viewing and feeding of aquatic organisms but does not include the taking of aquatic organisms;\n\naquatic environment, subject to subsection (2), means organisms living in or adjacent to waters, their physical, biological and social surroundings, and interactions between all of those;\n\naquatic habitat protection area means an area set aside under section 117(1) as an aquatic habitat protection area;\n\naquatic organism means an organism of any species that lives in or adjacent to waters and —\n\n(a) includes —\n\n(i) the eggs, spat, spawn, seeds, spores, fry, larva and other source of reproduction or offspring of an aquatic organism; and\n\n(ii) a dead aquatic organism; and\n\n(iii) a part only of an aquatic organism including the shell or tail; and\n\n(iv) live rock and live sand;\n\nbut\n\n(b) does not include —\n\n(i) an aquatic mammal; or\n\n(ii) an aquatic reptile; or\n\n(iii) an aquatic bird; or\n\n(iv) an amphibian;\n\naquatic resource has the meaning given in section 4;\n\naquatic resource management strategy (ARMS), in relation to a managed aquatic resource, means a strategy approved for the aquatic resource under section 20(1) as in force from time to time;\n\naquatic resource use plan (ARUP), in relation to a managed aquatic resource, means a resource use plan made in respect of the aquatic resource under section 24(1) as in force from time to time;\n\nauthorisation means —\n\n(a) an aquaculture licence; or\n\n(b) a managed fishery licence; or\n\n(c) any other licence provided for in the regulations;\n\nbed, 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;\n\nboat means a vessel, craft or floating platform of any description that is capable of use in or on water, whether floating or submersible;\n\nbroodstock means aquatic organisms taken or kept for breeding;\n\nCALM Act means the *Conservation and Land Management Act 1984*;\n\nCALM Minister means the Minister who administers the CALM Act;\n\ncatch entitlement means an entitlement registered under section 37(3), 38(3) or 47(4)(b);\n\nCEO means the Chief Executive Officer of the Department;\n\ncommercial fishing means fishing for a commercial purpose and includes taking aquatic organisms for broodstock or other aquaculture purposes;\n\ncommercial purpose means the purpose of sale or any other purpose that is directed to gain or reward;\n\nCommonwealth Act means the *Fisheries Management Act 1991* (Commonwealth);\n\ncompliance officer means a person designated as a compliance officer under section 159(1);\n\ncustomary fishing means fishing by an Aboriginal person that —\n\n(a) is in accordance with the Aboriginal customary law and tradition of the area being fished; and\n\n(b) is for the purpose of satisfying personal, domestic, ceremonial, educational or other non‑commercial communal needs;\n\ndeclared organism has the meaning given in section 98;\n\nDepartment means the department of the Public Service principally assisting the Minister in the administration of this Act;\n\ndisease means —\n\n(a) a disease that is capable of having a detrimental effect on an animal or a plant and includes —\n\n(i) a micro‑organism; and\n\n(ii) a disease agent; and\n\n(iii) an infectious agent; and\n\n(iv) a parasite at any stage of its life cycle;\n\nor\n\n(b) a genetic disorder of an animal or plant;\n\ndocument includes a tape, a disk and any other device or medium on which information is recorded or stored mechanically, photographically, electronically or otherwise;\n\nengage in conduct means —\n\n(a) do an act; or\n\n(b) omit to do an act;\n\nentitlement means an entitlement that a person has from time to time under a managed fishery licence;\n\nexemption means an exemption granted under section 7;\n\nexport means to take out of, or cause to be taken out of, Western Australia for any purpose;\n\nfishery means —\n\n(a) one or more stocks or parts of stocks of aquatic organisms that can be treated as a unit for the purposes of conservation or management; or\n\n(b) a class of fishing activities in respect of those stocks or parts of stocks of aquatic organisms;\n\nfishing or fishing activity means —\n\n(a) taking an aquatic organism in any way; or\n\n(b) searching for an aquatic organism, or any other activity that can reasonably be expected to result in taking the organism; or\n\n(c) any activity in support of, or in preparation for, any activity described in this definition;\n\nfishing boat means a boat that is used for commercial fishing;\n\nfishing gear means any equipment, implement, device, apparatus or other thing used or designed for use for, or in connection with, fishing;\n\nfishing period has the meaning given in section 16(1)(e);\n\nfishing tour means a tour that has a central purpose of providing an opportunity for recreational fishing and may include the provision of fishing guidance, fishing gear, accommodation or transport;\n\nforeign boat has the same meaning as in the Commonwealth Act section 4(1);\n\nhonorary compliance officer means an honorary compliance officer appointed under section 160(1);\n\nmanaged aquatic resource means an aquatic resource that has been declared to be a managed aquatic resource under section 14;\n\nmanaged fishery means a fishery declared by a management plan to be a managed fishery;\n\nmanaged fishery licence, in relation to a managed fishery, means a licence granted under section 54 or renewed under section 58 in respect of that fishery;\n\nmanagement plan means a management plan continued under section 273(2) as in force from time to time;\n\nmarine management area has the meaning given in the CALM Act section 3;\n\nmarine nature reserve has the meaning given in the CALM Act section 3;\n\nmarine park has the meaning given in the CALM Act section 3;\n\nmaster, in relation to a boat, means the person for the time being having the command, charge or management of the boat;\n\nnoxious substance means any substance that may be harmful to aquatic organisms;\n\norganism means —\n\n(a) a living thing, except a human being or part of a human being; or\n\n(b) a prion or other prescribed organic agent that can cause disease; or\n\n(c) a disease;\n\npearl includes natural or cultured, whole, half, baroque, seedless and blister pearl;\n\nplace means any land, waters, building, structure (whether permanent or temporary), tent or vehicle or any part of any land, waters, building, structure, tent or vehicle;\n\npossession 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;\n\nprescribed means prescribed by regulation;\n\nprivate land means any land that —\n\n(a) is alienated from the Crown for any estate of freehold; or\n\n(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;\n\nprocess means cut up, break up, shell, skin, shuck, fillet, cook, void, purge, pack, chill, freeze, can, preserve or otherwise treat any aquatic organism and, in relation to aquatic organisms of a prescribed class, includes hold the aquatic organisms live for export and consign the aquatic organisms live for export;\n\nprotected aquatic organism has the meaning given in section 125(1);\n\npurchase includes —\n\n(a) to take in exchange; and\n\n(b) to agree or offer to take in exchange; and\n\n(c) to receive, accept or take delivery under an agreement to take in exchange; and\n\n(d) to attempt to purchase,\n\nbut does not include to conduct a transaction of a prescribed type if the transaction is conducted by an Aboriginal person;\n\nquantity, in relation to the taking of an aquatic resource, means a quantity of aquatic organisms that comprise the resource that is, or may be, taken by reference to one or more of the following —\n\n(a) the weight or volume of aquatic organisms;\n\n(b) the number of aquatic organisms by reference to sex, size, weight, reproductive cycle or any other characteristic;\n\n(c) the time spent fishing for the aquatic organisms;\n\n(d) the quantity and type of fishing gear used in fishing for the aquatic organisms;\n\nrecord includes any document, whether or not it has been completed;\n\nrecreational fishing means fishing other than commercial fishing;\n\nrecreational fishing licence means a licence granted under the regulations authorising an individual to undertake recreational fishing;\n\nregister means the register kept under section 150(1);\n\nregistrable interest means any of the following —\n\n(a) an authorisation;\n\n(b) a temporary aquaculture permit;\n\n(c) an aquaculture lease;\n\n(d) an exemption;\n\n(e) a resource share;\n\n(f) catch entitlement;\n\n(g) a share option;\n\nregulate includes prohibit;\n\nresource share means a share, of any type, in respect of a managed aquatic resource that is made available under the ARMS for the resource;\n\nsecurity holder means a person noted on the register as having a security interest in a registrable interest;\n\nsecurity interest, in relation to a registrable interest referred to in section 153, means an interest in the registrable interest (however arising) which secures payment of a debt or other pecuniary obligation or the performance of any other obligation;\n\nsell includes each of the following —\n\n(a) to auction;\n\n(b) to put out to tender;\n\n(c) to barter or exchange;\n\n(d) to supply for profit;\n\n(e) to offer for sale;\n\n(f) to receive or possess for sale;\n\n(g) to expose for sale;\n\n(h) to consign or deliver for sale;\n\n(i) to dispose of by way of raffle, lottery or other game of chance,\n\nbut does not include to conduct a transaction of a prescribed type if the transaction is conducted by an Aboriginal person;\n\nshare option means an option granted under section 42(2);\n\nspecies includes subspecies, hybrid and variant;\n\nspecified means specified in the regulation, ARMS, ARUP, management plan, authorisation, order, notice or other instrument in relation to which the term is used;\n\nsurety, in relation to an authorisation, means surety for the authorisation required or provided under section 39 and includes a substituted surety provided with the approval of the CEO under section 41(4);\n\ntake includes each of the following —\n\n(a) to catch;\n\n(b) to capture;\n\n(c) to entrap;\n\n(d) to enclose;\n\n(e) to gather;\n\n(f) to remove;\n\n(g) to poison;\n\n(h) to stun;\n\n(i) to kill;\n\n(j) to destroy;\n\ntemporary aquaculture permit means a temporary aquaculture permit granted under section 87;\n\ntotal allowable catch (TAC) means the quantity of a managed aquatic resource that may be taken by the commercial and recreational fishing sectors in a fishing period for the resource;\n\nvary, 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;\n\nvehicle includes a train, a boat, an aircraft and any other thing used as a means of transport;\n\nWA waters has the meaning given in section 5;\n\nwaters includes —\n\n(a) the bed or subsoil (if any) under any waters; and\n\n(b) the airspace above any waters.\n\n(2) For the purposes of the definition of ***aquatic environment*** in subsection (1), the social surroundings of human beings are the aesthetic, cultural, economic and social surroundings to the extent that those surroundings directly affect or are affected by physical or biological surroundings.\n\n(3) For the purposes of this Act a class of fishing activity may be defined by reference to one or more of the following —\n\n(a) a species or type of aquatic organism;\n\n(b) a description of aquatic organisms by reference to sex, weight, size, reproductive cycle or any other characteristic;\n\n(c) an area of land or waters;\n\n(d) a method of fishing;\n\n(e) a type of fishing gear;\n\n(f) a class of boat or other vehicle;\n\n(g) a class of persons;\n\n(h) a purpose of activities.\n\n[Section 3 amended: No. 14 of 2021 s. 4.]\n\n##### 4. Meaning of aquatic resource\n\n(1) In this Act, a reference to an aquatic resource is a reference to —\n\n(a) a population of one or more identifiable groups of aquatic organisms; or\n\n(b) one or more identifiable groups of aquatic organisms in a bioregion, area, habitat or ecosystem.\n\n(2) Without limiting subsection (1), an identifiable group of aquatic organisms includes —\n\n(a) a species of aquatic organisms; and\n\n(b) a species of aquatic organisms limited by reference to sex, weight, size, reproductive cycle or any other characteristic; and\n\n(c) a species of aquatic organism limited by reference to the way in which the organism is taken.\n\n[Section 4 amended: No. 14 of 2021 s. 5.]\n\n##### 5. Meaning of WA waters\n\n(1) In this Act, a reference to WA waters is a reference to —\n\n(a) all waters within the limits of the State; and\n\n(b) except as provided in subsection (2), 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\n\n(c) any waters to which the legislative powers of the State extend for purposes relating to —\n\n(i) fishing activities that are to be managed in accordance with the laws of the State under an arrangement made under Part 15; and\n\n(ii) the management of recreational fishing, within the meaning of the Commonwealth Act, other than recreational fishing carried on by the use of a foreign boat or recreational fishing prohibited or regulated by a plan of management determined under the Commonwealth Act section 17.\n\n(2) For purposes relating to a fishing activity that is to be managed in accordance with a law of the Commonwealth under Part 15, WA waters does not include 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.\n\n[6**, 7.** Have not come into operation.]\n\n##### 8. Crown bound\n\n(1) This Act binds the State and, so far as the legislative power of the State permits, the Crown in all its other capacities.\n\n(2) Nothing in this Act makes the State, or the Crown in any of its other capacities, liable to be prosecuted for an offence.\n\n## Part 2 — Objects\n\n##### 9. Objects of Act\n\nThe objects of this Act are —\n\n(a) to ensure the ecological sustainability of the State’s aquatic resources and aquatic ecosystems for the benefit of present and future generations; and\n\n(b) to ensure that the State’s aquatic resources are managed, developed and used having regard to the economic, social and other benefits that the aquatic resources may provide.\n\n##### 10. Means of achieving objects of Act\n\nThe objects of this Act are to be achieved in particular by —\n\n(a) conserving and protecting aquatic resources and aquatic ecosystems and where necessary, restoring aquatic ecosystems; and\n\n(b) managing aquatic resources and aquatic ecosystems on the basis of relevant scientific data and principles; and\n\n(c) encouraging the sustainable development of fishing, aquaculture and other activities reliant on aquatic resources; and\n\n(d) encouraging members of the public to actively participate in decisions about the management and conservation of aquatic resources and aquatic ecosystems; and\n\n(e) ensuring that the interests of different sectors of the community that use aquatic resources or aquatic ecosystems are identified and considered; and\n\n(f) managing aquatic resources and aquatic ecosystems in a manner that is as practical, efficient and cost effective as possible.\n\n##### 11. Regard to be had to objects of Act\n\nA person or body performing or exercising a function or power under this Act must have regard to the objects set out in section 9 and the means of achieving them set out in section 10.\n\n## Part 3 — Managed aquatic resources\n\n### Division 1 — Preliminary\n\n##### 12. Terms used\n\nIn this Part —\n\nconsultation period, in relation to a draft strategy, means the period of 2 months commencing on the day on which notice required by section 17(1)(b) in respect of the draft strategy is published in the *Gazette*;\n\ndraft strategy means the draft of an ARMS prepared by the CEO under section 17(1)(a);\n\nrecreational fishing does not include customary fishing;\n\nrisk assessment means an assessment undertaken under section 13(b).\n\n### Division 2 — Strategy and planning\n\n#### Subdivision 1 — Declaration of managed aquatic resources\n\n[13. Has not come into operation.]\n\n##### 14. Declaration of managed aquatic resources\n\n(1) The Minister may, by notice in writing, declare that a specified aquatic resource is a managed aquatic resource if the Minister is of the opinion that there is reason to do so.\n\n[(2), (3) have not come into operation.]\n\n(4) A notice under subsection (1) is subsidiary legislation for the purposes of the *Interpretation Act 1984*.\n\n#### Subdivision 2 — Aquatic resource management strategies\n\n##### 15. Requirement for ARMS\n\nAs soon as is practicable after an aquatic resource is declared to be a managed aquatic resource an aquatic resource management strategy (ARMS) must be approved under section 20 in respect of the aquatic resource.\n\n##### 16. Content of ARMS\n\n(1) An ARMS for a managed aquatic resource must set out the following things —\n\n(a) a description of the aquatic resource that is to be managed;\n\n(b) the main objective to be achieved by managing the aquatic resource;\n\n(c) the minimum quantity of the aquatic resource that is considered necessary to be maintained for the resource to be ecologically sustainable;\n\n(d) the activities that should be regulated in respect of the aquatic resource;\n\n(e) the details of each period for which activities in respect of the aquatic resource are to be regulated (fishing period);\n\n(f) the quantity of the aquatic resource that is to be available in a fishing period for customary fishing and public benefit uses;\n\n(g) the method to be used in calculating the following —\n\n(i) the total allowable catch (TAC) for the aquatic resource;\n\n(ii) the quantity of TAC available for commercial fishing for the aquatic resource, including the quantity of TAC available for a type of resource share in the aquatic resource;\n\n(h) the proportion of the TAC that is to be available for recreational fishing for the resource;\n\n(i) the proportion of the TAC that is to be available for commercial purposes, including —\n\n(i) the proportion of the TAC to be available for commercial fishing for the resource; and\n\n(ii) the proportion of the TAC that is to be available for taking incidentally in the course of commercial fishing for other aquatic resources;\n\n(j) the type or types of resource shares in the aquatic resource that are to be made available to the commercial sector;\n\n(ja) the number of a type of resource share in the aquatic resource that is to be made available to the commercial sector;\n\n(k) the scientific parameters to be used to assess how effectively the aquatic resource is being managed;\n\n(l) the consultation to be carried out in relation to the making, amendment or revocation of an aquatic resource use plan (ARUP) to implement the ARMS.\n\n(2) For the purposes of subsection (1)(d), the activities that should be regulated in respect of the aquatic resource may include the taking of other aquatic resources incidentally in the course of commercial fishing for the aquatic resource.\n\n[Section 16 amended: No. 14 of 2021 s. 6.]\n\n##### 17. Draft ARMS\n\n(1) As soon as is practicable after an aquatic resource is declared to be a managed aquatic resource the CEO must —\n\n(a) prepare a draft of an ARMS for the resource; and\n\n(b) give public notice of the proposal for an ARMS.\n\n(2) The public notice of the proposal for an ARMS must —\n\n(a) contain information about the draft strategy; and\n\n(b) specify where copies of the draft strategy may be obtained without charge; and\n\n(c) invite interested persons to make submissions to the CEO on the draft strategy within a specified period; and\n\n(d) specify how those submissions may be made.\n\n(3) The public notice of the proposal for an ARMS —\n\n(a) must be published in the *Gazette*; and\n\n(b) may be published in any other manner that the CEO considers appropriate to bring the proposal to the attention of persons who will, or may be, affected if the draft strategy becomes an ARMS, which may include the following —\n\n(i) publishing the notice in a newspaper circulating generally throughout the State;\n\n(ii) posting the notice on a website maintained by the CEO.\n\n(4) Subsection (3) does not prevent the CEO from adopting any additional means of publicising the proposal for an ARMS.\n\n##### 18. CEO to consult on proposal for ARMS\n\n(1) The CEO must, within the consultation period for a draft strategy, make reasonable efforts to consult any public authority, person or body that the CEO considers likely to be affected if the draft strategy becomes an ARMS.\n\n(2) Consultation under subsection (1) may be undertaken in any way that the CEO considers appropriate in the circumstances, having regard to the number of public authorities, persons or bodies considered likely to be affected as described in subsection (1).\n\n(3) If the description in the draft strategy of the aquatic resource to be managed does not describe the resource by reference to a particular area of the State, then consultation must be carried out under subsection (1) as if the draft strategy had relevance for the whole of the State.\n\n##### 19. Revision of draft strategy following consultation\n\n(1) A person may make submissions to the CEO in relation to a draft strategy in the manner and within the period specified in the relevant notice required by section 17(1)(b).\n\n(2) After the end of the consultation period for a draft strategy the CEO —\n\n(a) must consider —\n\n(i) any submissions made in accordance with subsection (1); and\n\n(ii) any views expressed by a public authority, person or body consulted under section 18(1);\n\nand\n\n(b) may revise the draft strategy to any extent the CEO considers appropriate.\n\n(3) The CEO must submit to the Minister not later than 2 months after the end of the consultation period for a draft strategy —\n\n(a) a copy of the draft strategy, including any revisions made under subsection (2)(b); and\n\n(b) a report on the development of the draft strategy.\n\n(4) The CEO must include in a report under subsection (3)(b) the reasons for any revision of the draft strategy.\n\n##### 20. Approval of ARMS\n\n(1) The Minister may, in writing, approve or refuse to approve a draft strategy submitted by the CEO under section 19(3) or subsection (4) as the ARMS for a managed aquatic resource.\n\n(2) The Minister is not to approve a draft strategy as the ARMS for a managed aquatic resource under subsection (1) unless the Minister is satisfied that the draft strategy is consistent with the objects of this Act.\n\n(3) If the Minister refuses to approve a draft strategy submitted by the CEO under section 19(3) or subsection (4) as the ARMS for a managed aquatic resource the Minister may request the CEO to revise the draft strategy taking into account any matters referred to in the request.\n\n(4) The CEO must, within 2 months of a request under subsection (3) or such longer period as the Minister allows, submit to the Minister —\n\n(a) a copy of the draft strategy as revised taking into account the matters referred to in the request; and\n\n(b) a report on the revisions that have been made.\n\n(5) Notice of an approval under subsection (1) must be published in the *Gazette*.\n\n(6) An ARMS comes into effect on the day after the day on which the relevant notice is published in the *Gazette* or on a later day specified in the notice.\n\n##### 21. Amendment and revocation of ARMS\n\n(1) The Minister may, in writing, approve an amendment to an ARMS for a managed aquatic resource.\n\n(2) This Subdivision applies in respect of an amendment to an ARMS as if a reference to an ARMS included a reference to an amended ARMS.\n\n(3) An ARMS for a managed aquatic resource is revoked if the declaration under section 14 in respect of the aquatic resource is revoked.\n\n[**22.** Has not come into operation.]\n\n#### Subdivision 3 — Aquatic resource use plans\n\n##### 23. Terms used\n\nIn this Subdivision —\n\nARMS, in relation to an ARUP, means the ARMS identified in the ARUP in accordance with section 25(1)(b);\n\nresource means a managed aquatic resource, and in relation to an ARUP, means the managed aquatic resource to which the ARUP relates.\n\n##### 24. Minister to make ARUP for managed aquatic resource\n\n(1) The Minister must make an ARUP, or more than one ARUP, to implement an ARMS that is in effect for a managed aquatic resource.\n\n(2) The Minister is not to make an ARUP for a resource unless —\n\n(a) the consultation required in relation to the making of the ARUP set out in the ARMS for the resource has been carried out; and\n\n(b) in the opinion of the Minister, the plan is consistent with —\n\n(i) the ARMS for the resource; and\n\n(ii) all other ARUPs made for the resource, or that apply to or in relation to the resource; and\n\n(iii) regulations made under section 22 in relation to the ARMS for the resource.\n\n(3) An ARUP is subsidiary legislation for the purposes of the *Interpretation Act 1984*, and section 42 of that Act applies to and in relation to a plan as if the plan were a regulation.\n\n##### 25. Content of ARUPs\n\n(1) An ARUP must —\n\n(a) identify the resource to which the ARUP relates; and\n\n(b) identify the ARMS that the ARUP is to implement; and\n\n(c) set out the objectives to be achieved by the ARUP; and\n\n(d) identify the activities regulated under the ARUP; and\n\n(e) identify the class or classes of persons that may undertake the activities regulated under the ARUP; and\n\n(f) specify the type of authorisation (if any) required to undertake activities regulated under the ARUP; and\n\n(g) specify the form and the minimum and maximum amounts of surety (if any) that may be required to be provided for an authorisation to undertake activities regulated under the ARUP; and\n\n(h) specify —\n\n(i) the type or types of resource shares in the aquatic resource available under the ARUP; and\n\n(ii) the number of a type of resource share in the aquatic resource available under the ARUP;\n\nand\n\n(i) set out the method for allocating any resource shares available under the ARUP at the commencement of the ARUP; and\n\n(j) set out any restrictions in relation to persons who are eligible to be holders of resource shares available under the ARUP; and\n\n(k) set out procedures for monitoring the quantity of the resource that is taken in a fishing period; and\n\n(l) set out any conditions that are to apply in respect of the transfer of catch entitlement for the resource; and\n\n(m) set out any circumstances in which the CEO may, by notice published in the *Gazette*, modify provisions in the ARUP in order to ensure that the objectives to be achieved by the ARUP are achieved.\n\n(2) An ARUP may include any provision that, in the Minister’s opinion, is necessary for —\n\n(a) the protection or management of the resource; or\n\n(b) the protection of the aquatic environment, other aquatic resources, aquatic mammals, aquatic reptiles, aquatic birds and amphibians from activities related to the resource.\n\n(3) The objectives to be achieved by an ARUP are to be consistent with, but not limited to, the main objective of the ARMS that the ARUP is to implement.\n\n[Section 25 amended: No. 14 of 2021 s. 7.]\n\n##### 26. Method for allocating shares under ARUP\n\n(1) In making an ARUP that sets out a method for allocating resource shares the Minister must have regard to the following —\n\n(a) the interests of persons who have a history of involvement in taking the resource;\n\n(b) the interests of persons who have entitlements to take the resource under this Act immediately before the commencement of the ARUP;\n\n(c) any option granted under section 42(2) in respect of the resource or a component of the resource.\n\n(2) A method for allocating resource shares set out in an ARUP may include, but is not limited to —\n\n(a) allocation based on converting previous entitlement to take the resource to a specified share entitlement; or\n\n(b) allocation based on converting options granted under section 42(2) to a specified share entitlement; or\n\n(c) grant by the CEO on application, including payment of an application fee if applicable, and on the basis of specified criteria; or\n\n(d) sale by public tender or auction.\n\n(3) An ARUP that sets out a method for allocating resource shares other than by sale by public tender or auction must provide —\n\n(a) that a decision not to allocate a resource share is a reviewable decision for the purposes of sections 146 and 147; and\n\n(b) that a person who is affected by a decision about allocation of a resource share is an affected person for the purposes of those sections.\n\n##### 27. Form of surety\n\nThe form of surety for an authorisation specified in an ARUP may be one or more of the following —\n\n(a) a monetary bond to be paid to the CEO;\n\n(b) nomination of a number of resource shares in the resource to which the ARUP relates;\n\n(c) surety in a form prescribed for the purposes of this section.\n\n[**28**‑**31.** Have not come into operation.]\n\n### Division 3 — Administrative matters for managed aquatic resources\n\n#### Subdivision 1 — Preliminary\n\n##### 32. Terms used\n\nIn this Division —\n\nallocated catch, in relation to a resource share, means the catch allocated for the resource share for a fishing period in accordance with a notice given under section 33(1);\n\ncatch means a quantity of aquatic organisms;\n\nrelevant ARUP, in relation to a resource share, means the ARUP under which the share is made available.\n\n##### 33. CEO to notify TAC and catch\n\n(1) At least 30 days before the commencement of each fishing period for a managed aquatic resource the CEO must publish in the *Gazette* a notice setting out the following in respect of the fishing period —\n\n(a) the TAC for the resource, calculated in accordance with the ARMS for the resource;\n\n(b) the quantity of TAC available for commercial fishing for the resource, including the quantity of TAC available for a type of resource share in the resource, calculated in accordance with the ARMS for the resource;\n\n(c) the quantity of TAC available for recreational fishing for the resource, calculated in accordance with the ARMS for the resource;\n\n(d) the catch to be allocated for a type of resource share in the resource.\n\n(2) For the purposes of subsection (1)(d), the catch to be allocated for a type of resource share in a resource for a fishing period is the quantity of TAC available for that type of resource share divided by the number of that type of resource share in the resource.\n\n[Section 33 inserted: No. 14 of 2021 s. 8.]\n\n#### Subdivision 2 — Commercial fishing\n\n##### 34. Allocation of resource shares\n\n(1) When an ARUP comes into operation any resource shares in an aquatic resource available under the ARUP vest in the Minister.\n\n(2) The Minister must, as soon as is practicable after an ARUP comes into operation, allocate the resource shares in accordance with the method set out in the ARUP.\n\n(3) A person to whom a resource share is allocated may request the CEO to register the person as the holder of the resource share.\n\n(4) A request must —\n\n(a) be in an approved form; and\n\n(b) be accompanied by the fee (if any) that is set out in the relevant ARUP or the regulations.\n\n(5) On receipt of a request under subsection (3) the CEO must register the person as the holder of the resource share.\n\n##### 35. Nature of resource shares\n\n(1) Subject to section 37, a person who is the holder of a resource share in an aquatic resource at the beginning of a fishing period for the aquatic resource is entitled to be registered as the holder of the allocated catch for the share for that fishing period.\n\n(2) A resource share —\n\n(a) is transferrable as provided by this Act; and\n\n(b) is capable of devolution by will or by operation of law.\n\n(3) In accordance with the *Personal Property Securities Act 2009* (Commonwealth) section 10 in paragraph (b) of the definition of ***personal property***, a resource share is declared not to be personal property for the purposes of that Act.\n\n##### 36. Transfer of resource shares\n\n(1) The holder of a resource share in an aquatic resource may, in accordance with the relevant ARUP or the regulations, request the CEO to transfer the share to another person (the recipient).\n\n(2) On receipt of a request under subsection (1) the CEO must transfer the share by registering the recipient as the holder of the resource share unless subsection (3) applies.\n\n(3) The CEO must not transfer a resource share if —\n\n(a) a fee or fine payable by the holder of the share under this Act is outstanding; or\n\n(b) the share is nominated as surety for an authorisation; or\n\n(c) the recipient is a person who is not eligible under the relevant ARUP to hold the share; or\n\n(d) the CEO has, under section 156, given details of the request to a security holder unless —\n\n(i) 21 days has expired from the day on which the details were given; or\n\n(ii) the CEO has the written consent of the holder of the share and the security holder to do so.\n\n##### 37. Registration of catch entitlement\n\n(1) The holder of a resource share in an aquatic resource may request the CEO to register the holder of the resource share as the holder of catch entitlement of an amount equal to the allocated catch for the share.\n\n(2) The request must —\n\n(a) be in an approved form; and\n\n(b) be accompanied by the fee that is set out in the relevant ARUP or the regulations.\n\n(3) Subject to subsections (4) and (5), the CEO must register the applicant as the holder of catch entitlement in accordance with the request.\n\n(4) Before registering the holder of a resource share as the holder of the catch entitlement the CEO must reduce the amount of the allocated catch in accordance with section 41(7)(a) or 210(2)(b) if applicable.\n\n(5) The CEO must not register the holder of a resource share as the holder of catch entitlement for the share if —\n\n(a) a fee or fine payable by the holder of the share under this Act is outstanding; or\n\n(b) the share is nominated as surety for an authorisation and the authorisation is suspended under section 209 at the beginning of the fishing period to which the catch relates.\n\n(6) If the holder of a resource share does not make a request under subsection (1) within 90 days of the commencement of the fishing period in respect of which the catch is allocated the CEO may, by notice in writing, require the holder to pay the fee referred to in subsection (2)(b) within the period specified in the notice.\n\n(7) In accordance with the *Personal Property Securities Act 2009* (Commonwealth) section 10 in paragraph (b) of the definition of ***personal property***, catch entitlement is declared not to be personal property for the purposes of that Act.\n\n##### 38. Transfer of catch entitlement\n\n(1) A person who is registered as the holder of catch entitlement may request the CEO to transfer to another person (the recipient) part or all of the catch entitlement.\n\n(2) The request must be made in an approved manner and form.\n\n(3) Following the receipt of a request, the CEO must register the recipient as the holder of catch entitlement up to the amount specified in the request —\n\n(a) in accordance with the regulations; and\n\n(b) subject to any conditions set out in the ARUP under which the catch entitlement is allocated.\n\n(4) A person who makes a request referred to in subsection (1) may withdraw the request to the extent that the recipient has not been registered as the holder of an amount of catch entitlement specified in the request —\n\n(a) in accordance with the regulations; and\n\n(b) subject to any conditions in respect of the withdrawal of a request to transfer the catch entitlement set out in the ARUP under which catch entitlement is allocated.\n\n##### 39. Provision of surety for authorisation\n\n(1) In this section —\n\nnotice means a notice given under subsection (2) and includes a notice amended under subsection (5).\n\n(2) The CEO may, by notice in writing, require a person who is the holder of an authorisation to undertake activities regulated under an ARUP to provide surety for the authorisation if the person is charged with, or convicted of, an offence against —\n\n(a) this Act; or\n\n(b) a written law other than this Act if the offence relates to the fishing, aquaculture, fishing tour or aquatic eco‑tourism industries; or\n\n(c) a law of the Commonwealth, or of another State or a Territory, relating to the management or regulation of aquatic resources.\n\n(3) A notice must specify —\n\n(a) the form and amount of the surety; and\n\n(b) the day on, or before which, the surety is to be provided.\n\n(4) For the purposes of subsection (3)(a) —\n\n(a) the form of the surety must be a form specified in the relevant ARUP; and\n\n(b) the amount of surety must not be —\n\n(i) less than the minimum amount specified in the relevant ARUP; or\n\n(ii) more than the maximum amount specified in the relevant ARUP.\n\n(5) The CEO may, by notice in writing, amend or revoke a notice given under subsection (2).\n\n(6) If a person required by a notice to provide surety for an authorisation does not provide the surety on or before the specified day, the authorisation is suspended for the period —\n\n(a) commencing on the day after the specified day; and\n\n(b) ending on —\n\n(i) the day on which surety is provided; or\n\n(ii) if the notice is earlier revoked, on the day on which the notice is revoked.\n\n##### 40. Registration of surety\n\n(1) On receipt of surety for an authorisation the CEO must —\n\n(a) record on the register the provision of the surety for the authorisation; and\n\n(b) if the surety is provided in the form of the nomination of one or more resource shares, record on the register the nomination of each nominated share as surety for the authorisation.\n\n(2) If, under section 156, the CEO gives written details of the nomination of a resource share as surety for an authorisation to a security holder the CEO must not record the nomination of the resource share as surety for the authorisation unless —\n\n(a) 21 days has expired from the day on which the details were given; or\n\n(b) the CEO has the written consent of the holder of the resource share and the security holder to do so.\n\n[**41**‑**50.** Have not come into operation.]\n\n[Parts 4‑15 have not come into operation.]\n\n## Part 16 — Miscellaneous\n\n##### 253. Protection from liability\n\n(1) An action in tort does not lie against a person for anything that the person has done, in good faith, in the performance or purported performance of a function under this Act.\n\n(2) The protection given by this section applies even though the thing done as described in subsection (1) may have been capable of being done whether or not this Act had been enacted.\n\n(3) Despite subsection (1), the State is not relieved of any liability that it might have for another person having done anything as described in that subsection.\n\n(4) In this section, a reference to the doing of anything includes a reference to an omission to do anything.\n\n##### 254. Administrative guidelines\n\n(1) This section relates to guidelines for any of the following purposes —\n\n(a) providing practical guidance to persons who have duties or obligations under this Act or any other Act administered by the Minister;\n\n(b) providing information to industry and the public.\n\n(2) The Minister may issue, amend or revoke guidelines.\n\n(3) The Minister must ensure that guidelines are published in the prescribed way.\n\n##### 255. Guidelines about foreign interests\n\n(1) This section relates to guidelines about foreign persons holding, controlling or having an interest in resource shares, catch entitlement or authorisations.\n\n(2) The Minister may issue, amend or revoke guidelines.\n\n(3) The Minister must ensure that guidelines are published in the prescribed way.\n\n##### 256. Consultation in relation to guidelines\n\nBefore issuing, amending or revoking a guideline referred to in section 254 or 255 the Minister must consult with any industry body the Minister thinks appropriate and may consult with any other person the Minister thinks appropriate.\n\n##### 257. Guidelines to be taken into account\n\n(1) In performing a function under this Act or another Act administered by the Minister, a person must take into account any guidelines referred to in section 254 or 255 that are relevant to the performance of the function.\n\n(2) Nothing in subsection (1) —\n\n(a) derogates from the duty of a person to exercise a discretion in a particular case; or\n\n(b) precludes a person from taking into account matters not set out in guidelines; or\n\n(c) requires a person to take into account a guideline if the guideline is inconsistent with a provision of the Act under which the function is conferred.\n\n[**258**‑**266.** Have not come into operation.]\n\n##### 266A. Review of Act\n\n(1) The Minister must review the operation and effectiveness of this Act, and prepare a report based on the review, as soon as practicable after the 5th anniversary of the day on which section 268 comes into operation.\n\n(2) The Minister must cause the report to be laid before each House of Parliament as soon as practicable after it is prepared, but not later than 12 months after the 5th anniversary.\n\n[Section 266A inserted: No. 14 of 2021 s. 16.]\n\n[Parts 17‑19 have not come into operation.]\n\n![]()\n\nNotes\n\nThis is a compilation of the *Aquatic Resources Management Act 2016* and includes amendments made by other written laws. For provisions that have come into operation see the compilation table. For provisions that have not yet come into operation see the uncommenced provisions table.\n\nCompilation table\n\n| **Short title** | **Number and year** | **Assent** | **Commencement** |\n| --- | --- | --- | --- |\n| *Aquatic Resources Management Act 2016* Pt. 1 (s. 1‑5 and 8), Pt. 2, Pt. 3 (s. 12, 14(1) and (4), 15‑21, 23‑27 and 32‑40) and Pt. 16 (s. 253‑257) | 53 of 2016 | 29 Nov 2016 | Pt. 1 (s. 1 and 2): 29 Nov 2016 (see s. 2(a));   Pt. 1 (s. 3‑5 and 8), Pt. 2, Pt. 3 (s. 12, 14(1) and (4), 15‑21, 23‑27 and 32‑40) and Pt. 16 (s. 253‑257): 2 May 2018 (see s. 2(b) and *Gazette* 1 May 2018 p. 1431) |\n| *Aquatic Resources Management Amendment Act 2021* s. 4-8 and 16 | 14 of 2021 | 24 Aug 2021 | 25 Aug 2021 (see s. 2(b)) |\n| *Planning and Development Amendment Act 2023* Pt. 8 Div. 3 | 34 of 2023 | 11 Dec 2023 | 12 Dec 2023 (see s. 2(c)) |\n\n\nUncommenced provisions table\n\nTo view the text of the uncommenced provisions see *Acts as passed* on the WA legislation website.\n\n| **Short title** | **Number and year** | **Assent** | **Commencement** |\n| --- | --- | --- | --- |\n| *Aquatic Resources Management Act 2016* Pt. 1 (s. 6 and 7), Pt. 3 (s. 13 and 14(2) and (3), 22, 28‑31 and 41‑50), Pt. 4‑15, Pt. 16 (s. 258‑266) and Pt. 17‑19 | 53 of 2016   (as amended by No. 8 of 2017 s. 8; No. 14 of 2021 (other than s. 4-8 and 16)) | 29 Nov 2016 | To be proclaimed (see s. 2(b)) |\n| *Aquatic Resources Legislation Amendment Act 2016* Pt. 2 | 40 of 2016 | 29 Nov 2016 | Operative on commencement of the *Aquatic Resources Management Act 2016* s. 263 (see s. 2(b)) |\n| *Directors’ Liability Reform Act 2023* Pt. 3 Div. 5 | 9 of 2023 | 4 Apr 2023 | Operative immediately after the *Aquatic Resources Management Act 2016* s. 191 and 192 come into operation (see s. 2(c)(ii)) |\n| *Evidence Act 2025* Pt. 12 Div. 1 | 15 of 2025 | 25 Sep 2025 | Operative immediately after the *Aquatic Resources Management Act 2016* s. 240 comes into operation (see s. 2(c)(ii)) |\n\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\nAboriginal body corporate 3(1)\n\nAboriginal person 3(1)\n\nAbrolhos Islands reserve 3(1)\n\nallocated catch 32\n\napproved 3(1)\n\naquaculture 3(1)\n\naquaculture gear 3(1)\n\naquaculture lease 3(1)\n\naquaculture licence 3(1)\n\naquatic eco‑tourism 3(1)\n\naquatic environment 3(1)\n\naquatic habitat protection area 3(1)\n\naquatic organism 3(1)\n\naquatic resource 3(1)\n\naquatic resource management strategy (ARMS) 3(1)\n\naquatic resource use plan (ARUP) 3(1)\n\nARMS 23\n\nauthorisation 3(1)\n\nbed 3(1)\n\nboat 3(1)\n\nbroodstock 3(1)\n\nCALM Act 3(1)\n\nCALM Minister 3(1)\n\ncatch 32\n\ncatch entitlement 3(1)\n\nCEO 3(1)\n\ncommercial fishing 3(1)\n\ncommercial purpose 3(1)\n\nCommonwealth Act 3(1)\n\ncompliance officer 3(1)\n\nconsultation period 12\n\ncustomary fishing 3(1)\n\ndeclared organism 3(1)\n\nDepartment 3(1)\n\ndisease 3(1)\n\ndocument 3(1)\n\ndraft strategy 12\n\nengage 3(1)\n\nentitlement 3(1)\n\nexemption 3(1)\n\nexport 3(1)\n\nfishery 3(1)\n\nfishing 3(1)\n\nfishing activity 3(1)\n\nfishing boat 3(1)\n\nfishing gear 3(1)\n\nfishing period 3(1), 16(1)\n\nfishing tour 3(1)\n\nforeign boat 3(1)\n\nhonorary compliance officer 3(1)\n\nmanaged aquatic resource 3(1)\n\nmanaged fishery 3(1)\n\nmanaged fishery licence 3(1)\n\nmanagement plan 3(1)\n\nmarine management area 3(1)\n\nmarine nature reserve 3(1)\n\nmarine park 3(1)\n\nmaster 3(1)\n\nnotice 39(1)\n\nnoxious substance 3(1)\n\norganism 3(1)\n\npearl 3(1)\n\nplace 3(1)\n\npossession 3(1)\n\nprescribed 3(1)\n\nprivate land 3(1)\n\nprocess 3(1)\n\nprotected aquatic organism 3(1)\n\npurchase 3(1)\n\nquantity 3(1)\n\nrecipient 36(1), 38(1)\n\nrecord 3(1)\n\nrecreational fishing 3(1), 12\n\nrecreational fishing licence 3(1)\n\nregister 3(1)\n\nregistrable interest 3(1)\n\nregulate 3(1)\n\nrelevant ARUP 32\n\nresource 23\n\nresource share 3(1)\n\nrisk assessment 12\n\nsecurity holder 3(1)\n\nsecurity interest 3(1)\n\nsell 3(1)\n\nshare option 3(1)\n\nspecies 3(1)\n\nspecified 3(1)\n\nsurety 3(1)\n\ntake 3(1)\n\ntemporary aquaculture permit 3(1)\n\ntotal allowable catch (TAC) 3(1)\n\nvary 3(1)\n\nvehicle 3(1)\n\nWA waters 3(1)\n\nwaters 3(1)\n\n© State of Western Australia 2025.\n\nThis work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.\n\nAttribute work as: © State of Western Australia 2025.\n\nBy Authority: GEOFF O. LAWN, Government Printer\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original intent as stated in the preamble. It covers aquatic resource management, aquaculture, biosecurity, and repeals the specified Acts. While extensive, the scope aligns with the stated purposes of ecological sustainability and resource management."},"complexity_factors":["Extensive defined terms section with 60+ definitions including nested definitions (e.g., 'aquatic organism' excludes mammals/birds but includes eggs/spat/parts)","Multi-layered regulatory structure: Act → ARMS (Aquatic Resource Management Strategy) → ARUP (Aquatic Resource Use Plan) → individual authorisations","Conditional commencement provisions with cross-references to other Acts (e.g., Planning and Development Amendment Act 2023)","Complex property rights framework: resource shares, catch entitlements, and sureties with specific transfer restrictions and registration requirements","Exclusion from Commonwealth Personal Property Securities Act (section 35(3) and 37(7)) creating a parallel property regime","Multiple consultation requirements with variable timeframes (e.g., 2-month consultation period for ARMS, 21-day waiting period for security holders)","Nested exceptions and qualifications in definitions (e.g., 'purchase' and 'sell' exclude transactions by Aboriginal persons of prescribed types)","Extensive cross-referencing between Parts and Divisions (e.g., Part 3 Divisions 2 and 3 interrelate on resource shares and catch entitlements)","Significant uncommenced provisions (Parts 4-15, sections 6-7, 13, 22, 28-31, 41-50, 258-266) indicating the Act is partially in force with major sections awaiting proclamation","Interaction with Commonwealth fisheries law (Australian fishing zone, Commonwealth Fisheries Management Act 1991)"],"plain_english_summary":"**What this law does:**\n\nThis is Western Australia's main law for managing fish, shellfish, and other aquatic life. It replaces older laws (the *Fish Resources Management Act 1994* and the *Pearling Act 1990*) and sets up a system to ensure fishing and aquaculture (fish farming) don't damage the environment.\n\n**Key things it covers:**\n\n*   **Sustainability:** The main goal is to keep aquatic ecosystems healthy for future generations while still allowing economic use.\n*   **Managed Aquatic Resources:** The Minister can declare specific fish stocks or species as \"managed aquatic resources\" that need special rules.\n*   **Management Strategies (ARMS):** For each managed resource, the government must create a strategy setting out how much can be caught (Total Allowable Catch or TAC), how much goes to commercial vs recreational fishers, and what scientific standards apply.\n*   **Resource Shares:** Commercial fishers can hold \"resource shares\" — essentially a right to a portion of the catch. These can be bought, sold, or transferred (like tradeable fishing quotas).\n*   **Aquaculture:** Rules for farming fish, pearls, and other aquatic organisms.\n*   **Biosecurity:** Managing diseases and pests that could harm aquatic life.\n*   **Aboriginal Customary Fishing:** Protects traditional fishing by Aboriginal people for personal, domestic, or ceremonial needs.\n\n**Who it affects:**\n\n*   Commercial fishers (who need licences and resource shares)\n*   Recreational fishers\n*   Aquaculture operators (fish farmers)\n*   Aboriginal communities practising traditional fishing\n*   Anyone involved in aquatic eco-tourism or fishing tours\n\n**Why it matters:**\n\nIt tries to balance making money from fishing with protecting the ocean. It introduces a \"share management\" system where fishing rights become tradeable property-like interests, while ensuring fish stocks don't collapse. It also brings pearl farming and fish farming under the same legal roof as wild catch fishing."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":false,"description":"The 2016 Act establishes a comprehensive framework for strategic and operational management of aquatic resources (declaration of managed resources, strategy (ARMS) and implementation plans (ARUPs), allocation of resource shares and administrative registers). Subsequent amendments (notably in 2021) have fleshed out procedural and allocation mechanics — for example the CEO’s obligation to notify TAC and allocated catch (s 33) and expanded detail about ARUP contents and allocation methods (s 16, 25–26). Those changes increase administrative detail and implementation mechanisms but do not change the Act's core objects (s 9) or materially repurpose it. In short, the legislation's scope has grown in operational detail and administrative tools, but it has not shifted substantially beyond its original purpose of regulating and allocating the State’s aquatic resources."},"complexity_factors":["Extensive interpretation section with over 60 defined terms (s 3) creating many precise legal meanings used throughout the Act","Multiple new statutory instruments with tiered hierarchy: ARMS (strategy) and ARUP (use plan) which are subsidiary legislation and cross‑refer to each other (s 14, 15–21, 24–25)","Numerous cross‑references to other Acts and external regimes (Commonwealth Fisheries Management Act, CALM Act, PPSA, and various regulations), creating cross‑jurisdictional complexity (s 3 definitions; s 5; s 35(3), 37(7))","Conditional and sequential administrative processes with consultation, draft/revision cycles and Ministerial approval (CEO drafts and consults — s 17–19; Minister approves ARMS/ARUP — s 20, 24)","Detailed allocation and transfer rules with exceptions, preclusions and registration timing (resource shares vesting in Minister, allocation, registration, catch entitlement conversion, transfer restrictions — s 34–38)","Special treatment of property/security rights (express carve‑out from PPSA for resource shares and catch entitlements — s 35(3), 37(7)), plus separate statutory security mechanics and notification rules (s 153, s 156 cross‑references)","Multiple subsidiary decision points where minister/CEO discretion is significant (approval, amendment, revocation, publish notices, require surety — s 20, 21, 33, 39–40, 254–256)","Several important provisions remain uncommenced and Parts 4–15 are not in force, increasing legal uncertainty about the full operating architecture and making practical effect partly dependent on future proclamations (compilation/uncommenced table)","Procedural complexity in appeals/review: ARUP allocation methods must make non‑allocation decisions reviewable and identify affected persons (s 26(3)), but the relevant review provisions are elsewhere and add layered appeal pathways."],"plain_english_summary":"**What this law does (mechanics)\n\n- Creates a single, rules‑based framework for managing the State’s aquatic resources by: declaring particular aquatic resources to be \"managed aquatic resources\" (Minister’s written notice) (s 14); requiring an aquatic resource management strategy (ARMS) for each managed resource (s 15–21); and requiring the Minister to make one or more aquatic resource use plans (ARUPs) that implement each ARMS (s 24).\n\n- Specifies what ARMS and ARUPs must contain. An ARMS must describe the resource, set objectives, set a minimum sustainable quantity, identify activities to be regulated, set out how to calculate the total allowable catch (TAC) and how TAC is to be shared between commercial, recreational and customary/public benefit uses (s 16). An ARUP implements an ARMS and sets allocation and administrative detail: who may do what, what authorisations (licences/permits) are required, how resource shares (quota) are created and allocated, surety requirements, monitoring and transfer conditions (s 25–27).\n\n- Establishes resource shares, catch entitlements and administrative processes for allocation, registration and transfer. Resource shares made available under an ARUP vest in the Minister when the ARUP starts and are allocated in the manner the ARUP prescribes (s 34). Holders may be registered and can convert shares into catch entitlements for a fishing period (s 34, 37). Transfers of shares and catch entitlement are possible but are subject to eligibility rules, fees and restrictions in the ARUP and regulations (s 36–38).\n\n- Gives the Chief Executive Officer (CEO) administrative duties: prepare draft ARMS, run public consultation, publish notices in the Gazette, notify the TAC and allocated catch before each fishing period (s 17–19, 33). The CEO also registers resource shares, catch entitlements and sureties and can require surety where certain offences or charges exist (s 39–40).\n\n- Provides for subsidiary instruments and guidance: ARMS and ARUPs are subsidiary legislation (s 14(4), 24(3)); the Minister can issue administrative guidelines and specific guidelines about foreign interests in shares, catch entitlements or authorisations (s 254–256). The Act also contains a statutory protection from tort liability for good‑faith acts under the Act (s 253).\n\n- Interacts with other laws and the Commonwealth: it cross‑references the Conservation and Land Management Act, the Commonwealth Fisheries Management Act, and declares that resource shares and catch entitlements are not \"personal property\" for the purposes of the Commonwealth Personal Property Securities Act (PPSA) (s 35(3), 37(7); s 3 definitions and cross‑references throughout). The definition of WA waters is tailored to allow State management where arrangements with the Commonwealth apply (s 5).\n\n\nWho is affected\n\n- Commercial fishers and aquaculture operators: the Act creates resource shares, catch entitlements and authorisations that affect how much they may take, how they obtain and trade entitlements, fees, surety obligations and the risk of suspension for non‑compliance (s 16, 24, 34, 37–40).\n\n- Recreational fishers and Aboriginal customary fishers: ARMS must set aside quantities for recreational and customary/public benefit uses (s 16(1)(f), (h)). Rules in ARUPs can limit or define recreational access and set licensing requirements.\n\n- Investors, lenders and security holders: the Act expressly declares resource shares and catch entitlements not to be \"personal property\" under the PPSA (s 35(3), 37(7)), which affects the usual mechanics of taking security and enforcement over those entitlements.\n\n- The Minister, the CEO and government agencies: the Minister decides whether to declare managed resources and must approve ARMS and ARUPs; the CEO prepares drafts, runs consultation and operates the register and allocation machinery (s 14–21, 24, 17–19, 33).\n\n- The public and industry bodies: public consultation is required on draft ARMS and on ARUP processes specified in ARMS (s 17–19, 24(2)). Guidelines on foreign interests require consultation with industry bodies before issuance (s 255–256).\n\n\nWhy it matters (practical effects, incentives and trade‑offs)\n\n- Establishes tradable, administratively allocated biological entitlements. ARUPs can create types and numbers of resource shares, set allocation methods (conversion of prior entitlements, grants, auctions, tender) and make shares transferable subject to ARUP rules (s 25–26, 34–36). That concentrates value in holders of shares and creates an asset‑like entitlement, but the Act limits how those entitlements interact with ordinary property security law (PPSA carve‑out, s 35(3), 37(7)).\n\n- Shifts allocation power to the executive and to instrument design. The Minister and the ARUPs determine the allocation method, eligibility, fees, surety forms and conditions on transfer (s 24–27, 36). That centralises decision making in administrative instruments rather than leaving terms to private contract.\n\n- Imposes recurring administrative and compliance costs on right‑holders and applicants. Registration, transfer and conversion of shares require forms, fees and compliance with ARUP terms (s 34–38). The CEO can require surety where a holder faces certain charges or convictions, and failure to provide it leads to suspension of authorisations (s 39–40). Those requirements create ongoing compliance costs and potential interruptions to operations.\n\n- Affects access to finance. By declaring resource shares and catch entitlements not to be PPSA personal property, the Act reduces the standard legal route for lenders to take a security interest in quota as personal property. The Act does provide for security interests recorded in the register (see definition of \"security interest\" and register mechanics — s 3, s 40), but those operate in a specialised statutory register and have procedural limits (s 153, s 156 cross‑references in registration and transfer provisions).\n\n- Creates concentrated beneficiaries and diffuse costs/risks. Holders of allocated shares have concentrated economic value; ecological outcomes, enforcement costs and the public interest in sustainability are borne broadly and are managed through ARMS/ARUP objectives and TAC settings (s 9–10, s 16). The Act requires ARMS to state a minimum sustainable quantity (s 16(1)(c)), but actual outcomes depend on scientific parameters, monitoring and enforcement.\n\n- Leaves substantial policy detail to ARMS/ARUP/regulations/guidelines. The Act sets the framework and many high‑level requirements, while the precise allocation, eligibility, transfer rules and surety forms are specified in subsidiary instruments (s 16, 25–27, 254–256). That design speeds adaptability but increases administrative discretion and the importance of procedural safeguards (consultation, review rights referenced in ARUP allocation methods — s 26(3)).\n\n\nCosts, implementation risks and administrative burdens (what to watch for)\n\n- Administrative discretion and timing: Ministerial approval, CEO revisions and many uncommenced parts mean that implementation depends on executive choices and secondary instruments (s 17–21, compilation/uncommenced provisions). Delays or uneven application across resources could create uncertainty for industry.\n\n- Credit and security implications: the PPSA carve‑out (s 35(3), 37(7)) changes standard commercial practice for using quota/catch as collateral; lenders and borrowers will need to rely on the statutory register and the specific security rules in the Act and regulations (cross‑references at s 153, s 156).\n\n- Transaction costs of transfer: transfers are subject to ARUP eligibility rules, outstanding fees, nomination as surety, and notification to registered security holders — each creates friction and time delays (s 36–38, 40).\n\n- Interaction with Commonwealth law and multi‑jurisdictional arrangements: the Act recognises limits where Commonwealth jurisdiction applies and provides for management where arrangements exist (s 5). Practical coordination with federal fisheries regimes will be necessary where overlap occurs.\n\n\nPrimary statutory sources: sections cited above are from the Aquatic Resources Management Act 2016 (WA) — key provisions referenced in parentheses."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as no legislative text was provided. The page returned was an error notice indicating the URL is defunct following website system upgrades, not the actual Aquatic Resources Management Act 2016."},"complexity_factors":["No legislative content was retrievable — the source URL returned a system error page rather than the actual Act","Complexity cannot be meaningfully assessed without access to the legislative text","The only content present is a website error message and an Acknowledgement of Country"],"plain_english_summary":"**No legislation content could be retrieved.**\n\nThe link provided for the *Aquatic Resources Management Act 2016* (Western Australia) returned an error page — the content is no longer available at that web address due to system upgrades on the Western Australian legislation website.\n\n**What this means for you:** No meaningful legal analysis can be provided based on the content supplied. If you need to review this Act, try:\n- Visiting [legislation.wa.gov.au](https://www.legislation.wa.gov.au) directly and searching for the Act by name\n- Contacting the Parliamentary Counsel's Office Helpdesk as suggested on the error page\n- Searching via the [Australasian Legal Information Institute (AustLII)](https://www.austlii.edu.au)"},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/aquatic-resources-management-act-2016","history":"/api/acts/aquatic-resources-management-act-2016/history","analysis":"/api/acts/aquatic-resources-management-act-2016/analysis","conflicts":"/api/acts/aquatic-resources-management-act-2016/conflicts","importantCases":"/api/acts/aquatic-resources-management-act-2016/important-cases","documents":"/api/acts/aquatic-resources-management-act-2016/documents"}}