What it does
The Pearling Act 1990 establishes a comprehensive licensing and management regime for pearling and pearl oyster hatchery activities within Western Australia and its adjacent waters. At its core, the Act prohibits unlicensed pearling or hatchery activities (s.7(1)), defining "pearling" broadly to encompass taking pearl oysters, removing pearls, transporting them, or practising pearl culture techniques (s.3(1)). "Hatchery activities" similarly include taking spat or breeding stock, propagation, and related movement or storage (s.3(1)).
The Act creates a hierarchy of authorisations: farm leases for pearl oyster farms (limited to 4 square nautical miles under s.23(3)), pearling licences, hatchery licences, diver's licences, boat and master licences, and time-limited permits primarily for research (s.23(5)). Conditions may be imposed on these authorisations (s.26), including area restrictions, quotas on wild take or hatchery production for breeding or culture (s.26(2)(c)-(d)), and mandatory movement of all live oysters and spat to a farm by 31 December each year unless otherwise approved by the CEO (s.16).
Conservation measures include Minister-declared zones (s.5), species declarations (s.6), minimum and maximum shell sizes (s.21(2)), and temporary prohibitions or restrictions on activities (s.19). The Act establishes the Pearling Industry Advisory Committee (s.38) to advise on management, protection and development. Part 7 provides machinery for Commonwealth-State joint management of pearl oyster fisheries under arrangements, allowing Joint Authorities to exercise licensing and regulatory powers (ss.45-51).
Enforcement relies on appointed inspectors with wide powers (ss.35-37), including boarding vessels, seizing items, and directing vessels to port. Offence provisions are backed by evidentiary aids (s.53), forfeiture mechanisms (ss.54-55), and corporate officer liability (s.56). Proceedings must commence within 12 months (s.52(2)). The Act repealed the Pearling Act 1912 (s.63) and contains savings for pre-1991 authorisations (Sch. 3).