2 The Fish Resources Management Amendment Act 2002 s. 8(2)‑(4) read as follows:
(2) The arrangements of 15 April 1995 by which the Minister for Fisheries purported to lease from the Minister for Transport that portion of land known as “Aquaculture Park Area”, being a total area of 7.8152 hectares situated in the Broome Port area, for the purposes of establishing an aquaculture park are to be taken to be, and always to have been, as valid as they would have been if the amendments made to the Fish Resources Management Act 1994 by this Act were in effect at the time the arrangements were made.
(3) Any of the following arrangements that were in effect immediately before the commencement of this Act are to be taken to be, and always to have been, as valid as they would have been if the amendments made to the Fish Resources Management Act 1994 by this Act were in effect at the time the arrangements were made —
(a) arrangements for the establishment or management by the Minister of aquaculture facilities to be used by other persons for community or commercial purposes;
(b) arrangements for aquaculture facilities established by the Minister to be managed or used by other persons for community or commercial purposes;
(c) arrangements for other persons to establish and manage aquaculture facilities on land owned by the Minister.
(4) In subsection (3) —
***aquaculture*** means the keeping, breeding, hatching or culturing of —
(a) fish as defined in the Fish Resources Management Act 1994; or
(b) pearl oysters as defined in that Act;
***commercial purpose*** has the same meaning as in the *Fish Resources Management Act 1994*.
3 The State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004 Pt. 5, the State Administrative Tribunal Act 2004 s. 167 and 169, and the State Administrative Tribunal Regulations 2004 r. 28 and 42 deal with certain transitional issues some of which may be relevant for this Act.
4 The State Administrative Tribunal Regulations 2004 r. 32 and 50 contain transitional provisions of no further effect.
5 The Machinery of Government (Miscellaneous Amendments) Act 2006 Pt. 8 Div. 5 reads as follows:
Division 5 — Transitional provisions
References to the Executive Director
(1) After commencement, a reference in a written law that is, or is to be taken to be, to the Executive Director (as defined in the as in force before commencement) is to have effect as if it had been amended to be a reference to the CEO (as defined in the as in force after commencement).
Fish Resources Management Act 1994
Fish Resources Management Act 1994
(2) Subsection (1) does not apply if a contrary intention appears or the context otherwise requires.
(3) In this section —
commencement means the time at which section 232 comes into operation.
6 The requirement to appoint an Executive Director was removed from the Act and references to the Executive Director were replaced by references to the CEO, see the Machinery of Government (Miscellaneous Amendments) Act 2006 Pt. 8 Div. 3. Section 454 of that Act is a general transitional provision that applies to references to the Executive Director in written laws.
7 The Standardisation of Formatting Act 2010 s. 4, the amendment to Schedule 1, had not come into operation when it was deleted by the Statutes (Repeals and Minor Amendments) Act 2014 s. 39(2)(a).
Defined terms
[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]
Defined term Provision(s)
Aboriginal body corporate 4(1)
Aboriginal person 4(1)
Abrolhos Islands reserve 4(1)
Account 238(1), 239(1), 240(1)
affected person 146
agent 203(1)
alternative area 97B(1)
amending Act 267
application 135(1)
appointed person 249(1)
aquaculture 4(1), 101A(4)
aquaculture gear 4(1)
aquaculture lease 4(1)
aquaculture licence 4(1)
aquatic eco‑tourism 4(1)
aquatic resources 4(1)
arrangement 15
Australian fishing zone 4(1)
authorisation 4(1), 53
authorised area 136A(4)
authorised person 213(1), 226
bag limit 50(2)
bed 4(1)
biological threat 177B
boat 4(1)
broodstock 4(1)
bycatch reduction device 4(1)
category 1 fish 4(1)
category 2 fish 4(1)
category 3 fish 4(1)
category 4 fish 4(1)
CEO 4(1)
coastal waters 4(1)
commercial fishing 4(1)
commercial fishing licence 4(1)
commercial purpose 4(1)
commercial quantity 153
commercially protected fish 4(1)
Commonwealth Act 4(1)
Commonwealth Minister 15
confidential information 250(1)
corresponding law 15
current period 250(4B)(a)
customary fishing 4(1)
Department 4(1)
designated fishing zone 4(1)
document 4(1)
entitlement 4(1)
exclusive licence 4(1)
exemption 4(1)
exotic fish 4(1)
export 4(1)
fish 4(1)
fish aggregating device 4(1)
fish habitat protection area 4(1)
fish processor’s licence 4(1)
fish way 254(1)
fisheries 238(6)
fisheries officer 4(1)
fisheries personnel 246(1)
fishery 4(1), 15
fishing 4(1)
fishing activities 15
fishing activity 4(1)
fishing boat 4(1)
fishing boat licence 4(1)
fishing gear 4(1)
fishing industry 238(6)
fishing tour 4(1), 202A(4)
foreign boat 4(1)
forfeited entitlement 4(1)
honorary fisheries officer 4(1)
interim managed fishery 4(1)
interim managed fishery permit 4(1)
interstate jurisdiction 250(4E)
intervene 103A(1)
Joint Authority 15
Joint Authority fishery 15
levy 4(1)
licence 4(1)
managed fishery 4(1)
managed fishery licence 4(1)
management plan 4(1)
marine management area 4(1)
marine nature reserve 4(1)
marine park 4(1)
master 4(1)
MEMP 4(1), 92A(1)
noxious fish 4(1)
noxious substance 4(1)
one day 50(1)
organism 177B
original area 97B(1)
original decision 152(1) and (2)
peak industry body 4(1)
pearl oyster 4(1)
permit 4(1)
person in charge of a fishing tour 202A(4)
place 4(1)
possession 4(1)
possession limit 51(1)
precautionary principle 4(1)
premises 4(1)
previous period 250(4B)(b)
principal offender 202(1), 202A(1)
priority fish 153
private land 4(1)
process 4(1)
protected fish 4(1)
purchase 4(1)
recognized net fishing area 171(3)
record 4(1)
recreational fishing 4(1)
recreational fishing licence 4(1)
recreationally protected fish 4(1)
register 4(1)
Registrar 4(1)
repealed Act 4(1)
return 4(1)
section 224 78A(1)
security holder 4(1)
security interest 4(1)
sell 4(1)
species 4(1)
specified 4(1)
State 15
take 4(1)
temporary aquaculture permit 4(1)
this Act 4(1)
totally protected fish 4(1)
traffic 153
unattached 94(5)(a)
unauthorised structure 4(1)
unit 4(1)
vary 4(1)
vehicle 4(1)
WA waters 4(1)
waters 4(1)
waterway 254(1)
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