{"id":"fishing-and-related-industries-compensation-marine-reserves-regulations-1998","name":"Fishing and Related Industries Compensation (Marine Reserves) Regulations 1998","slug":"fishing-and-related-industries-compensation-marine-reserves-regulations-1998","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176667,"registerId":"wa-fishing-and-related-industries-compensation-marine-reserves-regulations-1998-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Fishing and Related Industries Compensation (Marine Reserves) Regulations 1998","content":"![Crest]()Western Australia\n\nFishing and Related Industries Compensation (Marine Reserves) Act 1997\n\nFishing and Related Industries Compensation (Marine Reserves) Regulations 1998\n\n- **Reprinted under the *Reprints Act 1984* as**\n- **at 15 December 2006**\n\n\nWestern Australia\n\nFishing and Related Industries Compensation (Marine Reserves) Regulations 1998\n\nContents\n\n1. Citation 1\n\n2. Time prescribed for the purpose of section 5(7) 1\n\n3. Application to Minister for compensation 1\n\nSchedule 1 — Forms\n\nNotes\n\nCompilation table 5\n\n  \n\n- Crest **Reprinted under the *Reprints Act 1984* as**\n- **at 15 December 2006**\n\n\nWestern Australia\n\nFishing and Related Industries Compensation (Marine Reserves) Act 1997\n\nFishing and Related Industries Compensation (Marine Reserves) Regulations 1998\n\n##### 1. Citation\n\nThese regulations may be cited as the *Fishing and Related Industries Compensation (Marine Reserves) Regulations 1998* 1*.*\n\n##### 2. Time prescribed for the purpose of section 5(7)\n\nFor the purpose of section 5(7) of the Act, the prescribed time is 30 days.\n\n##### 3. Application to Minister for compensation\n\n(1) An application to the Minister for compensation under section 7(1) must be in the form of Form 1 in Schedule 1.\n\n(2) An application may be dealt with notwithstanding that the application has not been made substantially in the prescribed form.\n\nSchedule 1 — Forms\n\n[r. 3]\n\nForm 1\n\n*Fishing and Related Industries Compensation (Marine Reserves) Act 1997*\n\n**APPLICATION FOR COMPENSATION**\n\nApplication1 is made to the Minister for Fisheries by ........................................... .................................................................................................................................................................................. of .......................................................................... .......................................................................... for compensation under section 5 of the Act. 2\n\n| **Details of authorisation3 held by the applicant** |  |\n| --- | --- |\n\n| **Event4 on which the claim for compensation is based** |  |\n| --- | --- |\n\n| **Amount of compensation claimed5** | **$** |\n| --- | --- |\n\n| **Manner in which amount of compensation claimed was calculated** |  |\n| --- | --- |\n\n\nDated: ..................................................\n\n...............................................................\n\nApplicant\n\nNOTES\n\n1. An application must be made within the period specified in the notice of the event published by the Minister for Fisheries.\n\n2. Within 30 days after receiving this application, the Minister for Fisheries is to decide whether or not you are entitled to compensation under the Act and advise you in writing of the decision. If the Minister decides that, or the State Administrative Tribunal determines that, you are entitled to compensation, the Minister must conduct negotiations with you with a view to settling the amount of the compensation. If you and the Minister agree on the amount of compensation, the Minister must enter into an agreement with you setting out the terms of the agreement.\n\nIf an agreement on the amount of compensation has not been entered into within 60 days of advice to you that the Minister has decided that, or of the State Administrative Tribunal determining that, you are entitled to compensation, you or the Minister may apply to the State Administrative Tribunal for a determination of the amount of compensation. An agreement as to the amount of compensation may be entered into even though an application has been made to the Tribunal.\n\nIf the Minister advises you that he or she has decided that you are not entitled to compensation, you may apply to the State Administrative Tribunal for a review of the decision.\n\nAn application to the Tribunal cannot be made later than 21 days after the day on which the advice is received from the Minister.\n\nIf you do not receive advice from the Minister, within 30 days of the Minister receiving the application, that you are entitled to compensation, you may apply to the State Administrative Tribunal to determine whether or not you are entitled to compensation.\n\nAn application to the Tribunal cannot be made later than 21 days after the expiration of the period within which the Minister is to advise you whether or not he or she has decided that you are entitled to compensation.\n\nAn agreement as to the amount of compensation may be entered into even though an application has been made to the Tribunal.\n\n3. The types of authorisation in respect of which an application for compensation may be made by you are —\n\n(a) an aquaculture lease;\n\n(b) an aquaculture licence;\n\n(c) a commercial fishing licence;\n\n(d) a fishing boat licence;\n\n(e) a fish processor’s licence;\n\n(f) a managed fishery licence;\n\n(g) an interim managed fishery permit;\n\n(h) a farm lease;\n\n(i) a hatchery licence;\n\n(j) a hatchery permit;\n\n(k) a pearling licence; or\n\n(l) a pearling permit.\n\n4. A claim by you for an entitlement to compensation under the Act can be based on the following events —\n\n(a) the coming into operation of section 10 of the *Acts Amendment (Marine Reserves) Act 1997*;\n\n(b) the coming into operation of an order under section 13(1) of the *Conservation and Land Management Act 1984* constituting or adding to a marine nature reserve or marine park;\n\n(c) the coming into operation under Division 1 of Part V of the *Conservation and Land Management Act 1984* of —\n\n(i) an amendment to a management plan; or\n\n(ii) a substituted management plan,\n\nso that the renewal of an authorisation would no longer be consistent with a management plan;\n\n(d) the classification of an area of a marine park by notice under section 62 of the *Conservation and Land Management Act 1984* as —\n\n(i) a sanctuary area;\n\n(ii) a recreation area; or\n\n(iii) a special purpose area which, or that part of a special purpose area which, the Minister for the Environment has declared in the notice to be an area where a commercial activity specified in the notice would be incompatible with a conservation purpose specified in the notice.\n\n5. You are entitled to fair compensation for any loss suffered as a result of the event on which the claim for compensation is based.\n\n[Schedule 1 amended: Gazette 30 Dec 2004 p. 6967-8.]\n\nNotes\n\n1 This reprint is a compilation as at 15 December 2006 of the *Fishing and Related Industries Compensation (Marine Reserves) Regulations 1998* and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.\n\nCompilation table\n\n| **Citation** | **Gazettal** | **Commencement** |\n| --- | --- | --- |\n| *Fishing and Related Industries Compensation (Marine Reserves) Regulations 1998* | 28 Aug 1998 p. 4745-7 | 28 Aug 1998 |\n| *Fishing and Related Industries Compensation (Marine Reserves) Amendment Regulations 2004* | 30 Dec 2004 p. 6967-8 | 1 Jan 2005 (see r. 2 and *Gazette* 31 Dec 2004 p. 7130) |\n| **Reprint 1: The *Fishing and Related Industries Compensation (Marine Reserves) Regulations 1998* as at 15 Dec 2006** (includes amendments listed above) | | |\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text is inaccessible. The page hosting the regulations has been removed or relocated during a website upgrade. No comparison between original intent and final form is possible from the available information."},"complexity_factors":["The actual legislative text is entirely unavailable — only a website error page was provided","No provisions, definitions, schedules, or operative clauses can be assessed","Complexity cannot be meaningfully rated without the substantive content","Score of 1 reflects absence of analysable material, not simplicity of the underlying law"],"plain_english_summary":"These Western Australian regulations set out how and when people in fishing and related industries can be compensated when marine reserves are declared and fishing rights are restricted. They matter because they govern remedies for commercial fishers, aquaculture operators and other coastal businesses whose livelihoods are affected by protected-area decisions, shaping who gets paid and under what circumstances."},"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"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The compilation notes that Schedule 1 was amended on 30 December 2004 and the regulations were reprinted as at 15 December 2006. The recorded amendment appears to affect the form and explanatory notes in Schedule 1; the published material does not indicate any change to the Act's substantive compensation triggers within these Regulations themselves."},"complexity_factors":["Short, narrow instrument (3 regs plus a Schedule) which lowers overall structural complexity.","Multiple statutory time limits and deadlines (prescribed 30 days under reg 2; decision, negotiation and review windows in Schedule 1 notes including 30, 60 and 21 day periods).","Interplay with the parent Act (references to s5(7) and s7(1)) and external statutes (Conservation and Land Management Act etc.) requiring cross‑reference to other legislation to fully understand scope.","Administrative discretion: Minister makes initial entitlement decision and negotiates amounts (Schedule 1 notes), creating operational judgment points.","Substantial‑compliance rule (reg 3(2)) reduces formality but increases interpretive discretion about what constitutes a valid application.","Schedule 1 lists numerous authorisation types and triggering events, which expands the practical coverage even though the regulations themselves are brief.","Historical amendment recorded (Schedule 1 amended 2004) requires consulting reprint history for current text."],"plain_english_summary":"These regulations set the procedure for compensation claims under the Fishing and Related Industries Compensation (Marine Reserves) Act 1997: they prescribe a 30‑day time period for the purpose of s5(7) (reg 2), require applications in Form 1 but allow substantial compliance (reg 3 & Schedule 1), and record decision, negotiation and Tribunal timeframes (Schedule 1 notes).\n\nHolders of listed fishing, aquaculture and pearling authorisations may apply; the Minister initially decides entitlement and negotiates compensation, and either party may seek determination from the State Administrative Tribunal if agreement or decision timelines lapse (Schedule 1 notes)."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: establishing procedural mechanisms (time limits and application forms) for the compensation scheme. The 2004 amendment was minor, updating the form notes to reflect the State Administrative Tribunal's role. The scope has not expanded beyond administrative support for the parent Act."},"complexity_factors":["Only 3 substantive regulations (sections 1-3)","Single defined term reference (section 5(7) of the Act)","One cross-reference to Schedule 1 containing a single form","No nested conditions or exceptions","Straightforward procedural rules with minimal legal machinery","Form includes explanatory notes rather than dense legal text"],"plain_english_summary":"This is a short set of rules (called 'regulations') made under a Western Australian law that deals with paying money to fishing businesses when the government creates marine reserves or changes rules that stop them from fishing in certain areas.\n\n**What it does:**\n- Sets a **30-day deadline** for the Minister for Fisheries to decide whether someone claiming compensation is actually entitled to it\n- Provides a **standard application form** (Form 1) that fishers must use when asking for compensation\n- Says applications can still be processed even if they're not perfectly filled out\n\n**Who it affects:**\n- Commercial fishers, pearling operators, aquaculture farmers, and fish processors who hold licences or permits under WA fishing laws\n- These people can claim compensation when:\n  - A new marine park or reserve is created that affects their operations\n  - Management plans change so they can't renew their licences\n  - Areas are reclassified (for example, turned into sanctuary zones where fishing is banned)\n\n**Why it matters:**\nWhen the government 'locks up' ocean areas for conservation, it can destroy fishing businesses. These regulations create a process for those businesses to claim 'fair compensation' for their financial losses. The form includes helpful notes explaining the process, time limits for appeals to the State Administrative Tribunal, and what types of fishing authorisations qualify."}},"importantCases":[],"_links":{"self":"/api/acts/fishing-and-related-industries-compensation-marine-reserves-regulations-1998","history":"/api/acts/fishing-and-related-industries-compensation-marine-reserves-regulations-1998/history","analysis":"/api/acts/fishing-and-related-industries-compensation-marine-reserves-regulations-1998/analysis","conflicts":"/api/acts/fishing-and-related-industries-compensation-marine-reserves-regulations-1998/conflicts","importantCases":"/api/acts/fishing-and-related-industries-compensation-marine-reserves-regulations-1998/important-cases","documents":"/api/acts/fishing-and-related-industries-compensation-marine-reserves-regulations-1998/documents"}}