{"id":"tas:act-1995-111","name":"Inland Fisheries (Savings and Transitional) Act 1995","slug":"inland-fisheries-savings-and-transitional-act-1995","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"111 of 1995","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106073,"registerId":"tas-act-1995-111-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This Act may be cited as the [Inland Fisheries (Savings and Transitional) Act 1995](/view/html/inforce/2026-04-12/act-1995-111) .","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> This Act commences on a day to be proclaimed.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> In this Act –\n> \n> > ***commencement day*** means the day on which the [new Act](/view/html/inforce/2026-04-12/act-1995-110#) commences;\n> \n> > ***commercial licence*** means a commercial licence within the meaning of the [new Act](/view/html/inforce/2026-04-12/act-1995-110#) ;\n> \n> > ***Commission*** means the Inland Fisheries Commission established under the [new Act](/view/html/inforce/2026-04-12/act-1995-110#) ;\n> \n> > ***fish farm licence*** means a fish farm licence within the meaning of the [new Act](/view/html/inforce/2026-04-12/act-1995-110#) ;\n> \n> > ***former Act*** means the [Fisheries Act 1959](/view/html/inforce/2026-04-12/act-9999-999) ;\n> \n> > ***former regulations*** means the [Inland Fisheries Regulations 1973](/view/html/inforce/2026-04-12/sr-1973-121) ;\n> \n> > ***new Act*** means the [Inland Fisheries Act 1995](/view/html/inforce/2026-04-12/act-1995-110) ;\n> \n> > ***recreational licence*** means a recreational licence within the meaning of the [new Act](/view/html/inforce/2026-04-12/act-1995-110#) .","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Licences, Permits and Registrations","content":"# Part 2 Licences, Permits and Registrations","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Applications for licences","content":"### 4 Applications for licences\n\n> Any application for a licence made under [Part III of the former Act](/view/html/inforce/2026-04-12/act-1959-999#HP3@EN) or the [former regulations](/view/html/inforce/2026-04-12/sr-1973-121#) and not determined before the commencement day ceases to have effect on that day.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Recreational licences","content":"### 5 Recreational licences\n\n> > (1)  An angling licence or a licence to take whitebait in force under the [former regulations](/view/html/inforce/2026-04-12/sr-1973-121#) immediately before the commencement day is, on that day, a recreational licence under the [new Act](/view/html/inforce/2026-04-12/act-1995-110#) .\n> \n> > (2)  A recreational licence –\n> > \n> > > > (a) is subject to the same conditions as it was under the [former regulations](/view/html/inforce/2026-04-12/sr-1973-121#) ; and\n> > > \n> > > > (b) is taken to have commenced on the date of issue of the licence under the [former regulations](/view/html/inforce/2026-04-12/sr-1973-121#) ; and\n> > > \n> > > > (c) continues in force for the remainder of its term unless the Commission sooner cancels it.\n> \n> > (3)  The Commission may revoke or vary any condition of a licence referred to in [subsection (1)](#GS5@Gs1@EN) .","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Exemptions","content":"### 6 Exemptions\n\n> > (1)  An exemption from holding an angling licence in force under the [former regulations](/view/html/inforce/2026-04-12/sr-1973-121#) immediately before the commencement day continues, on that day, to be in force until the Commission revokes it.\n> \n> > (2)  An exemption is subject to the same conditions as it was under the [former regulations](/view/html/inforce/2026-04-12/sr-1973-121#) .","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Commercial licences","content":"### 7 Commercial licences\n\n> > (1)  Any of the following licences in force under the [former regulations](/view/html/inforce/2026-04-12/sr-1973-121#) immediately before the commencement day is, on that day, a commercial licence under the [new Act](/view/html/inforce/2026-04-12/act-1995-110#) :\n> > \n> > > > (a) a feeding eel licence;\n> > > \n> > > > (b) a migrating eel licence;\n> > > \n> > > > (c) an assistant eel fisherman's licence;\n> > > \n> > > > (d) a juvenile eel licence.\n> \n> > (2)  A commercial licence –\n> > \n> > > > (a) is subject to the same conditions as it was under the [former regulations](/view/html/inforce/2026-04-12/sr-1973-121#) ; and\n> > > \n> > > > (b) is taken to have commenced on the date of issue of the licence under the [former regulations](/view/html/inforce/2026-04-12/sr-1973-121#) ; and\n> > > \n> > > > (c) continues in force for the remainder of its term unless the Commission sooner cancels it.\n> \n> > (3)  The Commission may revoke or vary any condition of a licence referred to in [subsection (1)](#GS7@Gs1@EN) .","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Fish farm licences","content":"### 8 Fish farm licences\n\n> > (1)  A fish farm licence in force under the [former Act](/view/html/inforce/2026-04-12/act-1959-999#) immediately before the commencement day is, on that day, a fish farm licence under the [new Act](/view/html/inforce/2026-04-12/act-1995-110#) .\n> \n> > (2)  A fish farm licence –\n> > \n> > > > (a) is subject to the same requirements as it was under the [former Act](/view/html/inforce/2026-04-12/act-9999-999#) ; and\n> > > \n> > > > (b) is taken to have commenced on the date of issue of the licence under the [former Act](/view/html/inforce/2026-04-12/act-9999-999#) ; and\n> > > \n> > > > (c) continues in force for a period of 2 years from the commencement day unless the Minister sooner cancels it.\n> \n> > (3)  The Minister may revoke or vary any requirement to which a fish farm licence is subject.\n> \n> > (4)  The Minister must not vary a requirement of a fish farm licence by reducing the level of production of Atlantic salmon below any level of production –\n> > \n> > > > (a) for transfer to a marine farm licensed under the [former Act](/view/html/inforce/2026-04-12/act-9999-999#) during the period 1 July 1995 to 30 June 1996 inclusive; and\n> > > \n> > > > (b) as determined by the Minister.","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Permits for certain purposes","content":"### 9 Permits for certain purposes\n\n> > (1)  A permit issued by the Commission and in force under the [former Act](/view/html/inforce/2026-04-12/act-1959-999#) immediately before the commencement day continues, on that day, to be in force until whichever of the following occurs first:\n> > \n> > > > (a) the permit expires;\n> > > \n> > > > (b) the Commission cancels it;\n> > > \n> > > > (c) a period of 12 months after the commencement day has elapsed.\n> \n> > (2)  A permit is subject to the same conditions as it was under the [former Act](/view/html/inforce/2026-04-12/act-9999-999#) .","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Wholly private fishery","content":"### 10 Wholly private fishery\n\n> > (1)  A wholly private fishery registered under the [former regulations](/view/html/inforce/2026-04-12/sr-1973-121#) immediately before the commencement day is, on that day, a registered private fishery under the [new Act](/view/html/inforce/2026-04-12/act-1995-110#) .\n> \n> > (2)  The registration of a private fishery –\n> > \n> > > > (a) is subject to the same requirements and restrictions as it was under the [former regulations](/view/html/inforce/2026-04-12/sr-1973-121#) ; and\n> > > \n> > > > (b) is taken to have commenced on the date of issue of the certificate of registration under the [former regulations](/view/html/inforce/2026-04-12/sr-1973-121#) ; and\n> > > \n> > > > (c) continues in force for the remainder of its term unless the Commission sooner cancels it.","sortOrder":11},{"sectionNumber":"Part 3","sectionType":"part","heading":"Miscellaneous","content":"# Part 3 Miscellaneous","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Seizure","content":"### 11 Seizure\n\n> Anything seized under the [former Act](/view/html/inforce/2026-04-12/act-1959-999#) and not dealt with before the commencement day may be dealt with under that Act.","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Officers","content":"### 12 Officers\n\n> A person who was an officer for the purposes of [Part III of the former Act](/view/html/inforce/2026-04-12/act-1959-999#HP3@EN) immediately before the commencement day is, on that day, an officer under the [new Act](/view/html/inforce/2026-04-12/act-1995-110#) for –\n> \n> > > (a) a period of 6 months; or\n> > \n> > > (b) a lesser period the Secretary of the Department determines.","sortOrder":14},{"sectionNumber":"13","sectionType":"section","heading":"Employees","content":"### 13 Employees\n\n> A person who was an employee for the purposes of [Part III of the former Act](/view/html/inforce/2026-04-12/act-1959-999#HP3@EN) immediately before the commencement day is, on that day, an employee for the purposes of the [new Act](/view/html/inforce/2026-04-12/act-1995-110#) .","sortOrder":15},{"sectionNumber":"14","sectionType":"section","heading":"Commissioner","content":"### 14 Commissioner\n\n> > (1)  The Commissioner of Inland Fisheries appointed under the [former Act](/view/html/inforce/2026-04-12/act-1959-999#) and holding office immediately before the commencement day is, on that day, the Commissioner of Inland Fisheries under the [new Act](/view/html/inforce/2026-04-12/act-1995-110#) until –\n> > \n> > > > (a) the original appointment expires; or\n> > > \n> > > > (b) the Governor sooner terminates the appointment.\n> \n> > (2)  An Associate Commissioner of Inland Fisheries appointed under the [former Act](/view/html/inforce/2026-04-12/act-9999-999#) and holding office immediately before the commencement day is, on that day, an Associate Commissioner of Inland Fisheries under the [new Act](/view/html/inforce/2026-04-12/act-1995-110#) until –\n> > \n> > > > (a) the original appointment expires; or\n> > > \n> > > > (b) the Governor sooner terminates the appointment.","sortOrder":16},{"sectionNumber":"15","sectionType":"section","heading":"Registers","content":"### 15 Registers\n\n> Any register kept by the Commission under the [former Act](/view/html/inforce/2026-04-12/act-1959-999#) immediately before the commencement day is, on that day, a register kept under [section 196 of the new Act](/view/html/inforce/2026-04-12/act-1995-110#GS196@EN) .","sortOrder":17},{"sectionNumber":"16","sectionType":"section","heading":"Returns and records","content":"### 16 Returns and records\n\n> Any returns or records kept or lodged for the purposes of [Part III of the former Act](/view/html/inforce/2026-04-12/act-1959-999#HP3@EN) immediately before the commencement day are, on that day, records kept under the [new Act](/view/html/inforce/2026-04-12/act-1995-110#) .","sortOrder":18},{"sectionNumber":"17","sectionType":"section","heading":"Regulations continue","content":"### 17 Regulations continue\n\n> > (1)  [Former regulations](/view/html/inforce/2026-04-12/sr-1973-121#) in force immediately before the commencement day continue, on that day, to be in force until whichever of the following occurs first:\n> > \n> > > > (a) they are rescinded;\n> > > \n> > > > (b) a period of 12 months after the commencement day has elapsed.\n> \n> > (2)  A provision of the [new Act](/view/html/inforce/2026-04-12/act-1995-110#) or of any regulations, orders, declarations or notices made under that Act which is inconsistent with the provision of the [former regulations](/view/html/inforce/2026-04-12/sr-1973-121#) prevails over the latter provision to the extent of that inconsistency.","sortOrder":19},{"sectionNumber":"18","sectionType":"section","heading":"Regulations","content":"### 18 Regulations\n\n> > (1)  The Governor may make regulations for the purpose of this Act.\n> \n> > (2)  The regulations may provide for matters of a savings and transitional nature in relation to this Act or the [former Act](/view/html/inforce/2026-04-12/act-1959-999#) .\n> \n> > (3)  Regulations made under this section may take effect from the commencement of this Act or a later date.","sortOrder":20},{"sectionNumber":"19","sectionType":"section","heading":"Administration of Act","content":"### 19 Administration of Act\n\n> Until provision is made in relation to this Act by order under [section 4 of the](/view/html/inforce/2026-04-12/act-1990-004#GS4@EN) [Administrative Arrangements Act 1990](/view/html/inforce/2026-04-12/act-1990-004) –\n> \n> > > (a) the administration of this Act is assigned to the Minister for Inland Fisheries; and\n> > \n> > > (b) the Department responsible to the Minister for Inland Fisheries in relation to the administration of this Act is the Department of Environment and Land Management.","sortOrder":21}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act preserves the substantive scope of existing licences, permits, registers and appointments by carrying them across into the new legislative regime rather than creating new categories. It does introduce time-limited continuations and decision-maker discretion (notably a 2-year limit for fish-farm licences at s 8(2)(c), 12-month continuations for permits and former regulations at ss 9(1) and 17(1), and revocation/varying powers at ss 5(3), 7(3), 8(3)), but these are transitional adjustments rather than a broad scope change."},"complexity_factors":["Multiple categories of instruments and persons transitioned (recreational licences, commercial licences, fish-farm licences, permits, private fisheries, officers, employees, Commissioner) — see ss 5–14","Extensive cross-referencing to the former Act, former regulations and the new Act, requiring readers to consult three texts (definitions in s 3)","Discretionary powers to revoke or vary conditions vested in different decision-makers (Commission and Minister) — ss 5(3), 7(3), 8(3)","Temporal limits and staged continuations (e.g. fish-farm licences limited to 2 years, permits and former regulations continue up to 12 months) — ss 8(2)(c), 9(1), 17(1)","Continuity of registers, returns and seized items requiring administrative reconciliation between regimes — ss 11, 15, 16","Provision for regulations to address savings and transitional matters, including retrospective commencement of regulations — s 18"],"plain_english_summary":"This Act moves licences, permits, registers, officers and employees from the old Fisheries law into the new Inland Fisheries Act so existing authorisations keep effect on commencement. It preserves original conditions and start-dates, imposes specific transitional time-limits (for example, fish-farm licences run for two years) and lets the Commission or Minister revoke or vary conditions.\n\nIt affects licence-holders, permit-holders, registered private fisheries, Commission staff and the administering department by keeping rights in force while creating short-term regulatory discretion and deadlines."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This legislation remains tightly focused on its original purpose: managing the transition from the Fisheries Act 1959 and Inland Fisheries Regulations 1973 to the Inland Fisheries Act 1995. It does not expand beyond savings and transitional matters. The scope is appropriately limited to ensuring legal continuity for licences, permits, officials, and administrative records during the legislative handover."},"complexity_factors":["Only 8 defined terms in the interpretation section, all straightforward references to other legislation","Simple conditional logic (mostly 'if X was valid under old law, it becomes Y under new law')","No nested exceptions or complex cross-referencing beyond basic 'former Act'/'new Act' distinctions","Linear structure: Part 1 (definitions), Part 2 (licences), Part 3 (miscellaneous administrative matters)","Limited temporal complexity—most provisions operate from a single 'commencement day'","No delegated legislative powers beyond standard regulation-making (section 18)"],"plain_english_summary":"This law is a **bridge** between old and new fishing rules in Tasmania (or the relevant jurisdiction). It ensures that when the *Inland Fisheries Act 1995* (the 'new Act') starts, everything doesn't fall into chaos.\n\n**What it does:**\n- **Saves existing licences**: If you had a recreational fishing licence, commercial eel licence, fish farm licence, or private fishery registration under the old rules, this law automatically converts them into equivalent licences under the new system. You don't need to reapply.\n- **Keeps conditions the same**: Your licence keeps the same rules and restrictions it had before, at least initially.\n- **Grandfathers in officials**: The Commissioner, Associate Commissioners, officers, and employees working under the old system keep their jobs under the new Act (though some only for limited periods).\n- **Handles loose ends**: Anything seized under the old law, any pending applications, and any official registers all get dealt with sensibly.\n- **Temporary continuation of old regulations**: The old regulations stay in force for up to 12 months (or until replaced), but the new Act wins if there's a conflict.\n\n**Who it affects:**\n- Anyone with an existing inland fishing licence (recreational anglers, commercial eel fishers, fish farmers)\n- Government officials working in inland fisheries\n- People with permits or exemptions under the old system\n\n**Why it matters:**\nWithout this law, the switch to the new fishing regime would have created a legal vacuum—licences might have become invalid overnight, officials might have lost authority, and enforcement actions could have been challenged. This ensures **continuity** and **legal certainty** during the transition."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The Act appears to have fulfilled its original and narrow purpose — managing the transition between old and new inland fisheries legislation in Tasmania. There is no indication the scope has expanded or shifted from its original intent. It remains a static bridging instrument."},"complexity_factors":["Very narrow and specific purpose — limited to savings and transitional provisions only","No substantive policy content visible in the provided text; the Act is largely procedural","Standard form legislation of this type follows well-established drafting conventions, making it predictable","Limited scope means few parties are directly affected in an ongoing way","The Act has been unchanged since 1997, suggesting minimal interpretive controversy"],"plain_english_summary":"The Inland Fisheries (Savings and Transitional) Act 1995 is a brief housekeeping law that preserves licences, decisions and ongoing proceedings made under Tasmania’s old inland fisheries laws when a new regime took over. It protects recreational and commercial inland fishers, past licence-holders and administering agencies from losing rights or having actions voided during the legal transition. Its sole purpose is to prevent legal gaps when the old law was replaced."}},"importantCases":[],"_links":{"self":"/api/acts/inland-fisheries-savings-and-transitional-act-1995","history":"/api/acts/inland-fisheries-savings-and-transitional-act-1995/history","analysis":"/api/acts/inland-fisheries-savings-and-transitional-act-1995/analysis","conflicts":"/api/acts/inland-fisheries-savings-and-transitional-act-1995/conflicts","importantCases":"/api/acts/inland-fisheries-savings-and-transitional-act-1995/important-cases","documents":"/api/acts/inland-fisheries-savings-and-transitional-act-1995/documents"}}