Sch 3Savings and transitional provisions

Schedule 3 — Savings and transitional provisions 1. Terms used 60 2. Ship licences in force at 1 Jan 1991 60 3. Diver’s licences in force at 1 Jan 1991 60 4. Exclusive licences in force at 1 Jan 1991 60 5. Pearling licences and hatchery licences held at 1 Jan 1991, renewing 61 6. Quota imposed before arrangement 61 Notes Compilation table 63 Uncommenced provisions table 65 Other notes 65 Defined terms An Act to regulate pearling and pearl oyster hatchery activities, to provide for the conservation and management of pearl oyster fisheries, to repeal the *Pearling Act 1912* and for connected purposes. ## Part 1 — Preliminary ##### 1. Short title This Act may be cited as the *Pearling Act 1990*. ##### 2. Commencement The provisions of this Act shall come into operation on such day as is, or such days as are respectively, fixed by proclamation. ##### 3. Terms used (1) In this Act, unless the contrary intention appears — Australian fishing zone has the same meaning as in the Commonwealth Fisheries Act; boat includes every type of floating vessel or platform; CEO means the chief executive officer of the Department; Committee means Pearling Industry Advisory Committee established under section 38(1); Commonwealth Fisheries Act means the *Fisheries Management Act 1991* of the Commonwealth; Department has the meaning given by section 4(1) of the *Fish Resources Management Act 1994*; farm lease means pearl oyster farm lease issued under section 23(1); Fisheries Research and Development Account means account referred to in section 238 of the *Fish Resources Management Act 1994*; foreign boat has the same meaning as it has in the Commonwealth Fisheries Act; hatchery activities means all or any of the following activities — (a) taking, or attempting to take, pearl oyster spat; or (b) taking, or attempting to take, pearl oysters for breeding stock; or (c) producing stocks of pearl oysters by acclimatisation, propagation, hatching, breeding, rearing or raising, or attempting to do so; or (d) moving, dumping, holding, storing or transporting pearl oysters or pearl oyster spat for the purposes of paragraph (a), (b) or (c), and a reference to a hatchery activity is a reference to one of those activities; hatchery licence means pearl oyster hatchery licence issued under section 23(1); hatchery permit means pearl oyster hatchery permit issued under section 23(1); inspector means inspector referred to in section 35(1) or (2); licence means pearling licence, hatchery licence, pearl diver’s licence, pearl boat licence or pearl boat master’s licence; master means person who holds a pearl boat master’s licence; pearl includes natural or cultured, whole, half, baroque, seedless or blister pearl; pearl boat licence means pearl boat licence issued under section 23(1); pearl boat master’s licence means pearl boat master’s licence issued under section 23(1); pearl culture techniques includes any technique or practice used to produce, or encourage the production of, pearls from pearl oysters; pearl diver’s licence means pearl diver’s licence issued under section 23(1); pearl oyster means pearl oyster of any of those species of pearl oysters declared under section 6 to be pearl oysters to which this Act applies and includes the shell of the pearl oyster and any pearl contained in that shell; pearl oyster farm means area specified as a pearl oyster farm in a farm lease; pearling means all or any of the following activities — (a) taking, or attempting to take, pearl oysters; or (b) removing, or attempting to remove, pearls from pearl oysters; or (c) moving, dumping, holding, storing or transporting pearl oysters; or (d) practising, or attempting to practise, pearl culture techniques, and a reference to a pearling activity is a reference to one of those activities; pearling licence means pearling licence issued under section 23(1); pearling permit means pearling permit issued under section 23(1); permit means pearling permit or hatchery permit; quota means maximum number of pearl oysters that may be taken, or produced and used, or sold as breeding stock or for pearl culture techniques, under a licence or permit during the period of time specified in the licence or permit; regulations means regulations made under section 60; sale, without derogating from the normal meaning of the expression, includes sale by retail or wholesale, barter, exchange, supply for profit, offer or expose for sale, send, forward or deliver for sale or cause or suffer or permit to be sold; waters or Western Australian waters means waters referred to in subsection (2); zone means area of waters declared to be a zone by notice under section 5. (2) Where in this Act there is a reference to Western Australian waters or to waters generally, that reference — (a) is a reference to all waters that are within the limits of the State; and (b) except for purposes in relation to a pearl oyster fishery that is to be managed in accordance with the law of the Commonwealth pursuant to an arrangement under Part IIA of the *Fisheries Act 1905* 1 and except for purposes prescribed by paragraph (d), is a reference to any waters of the sea not within the limits of the State that are on the landward side of waters adjacent to the State that are in the Australian fishing zone; and (c) for purposes in relation to a pearl oyster fishery, as defined in section 43, that is to be managed in accordance with the law of the State pursuant to an arrangement under Part IIA of the *Fisheries Act 1905* 1, is a reference to any waters to which the legislative powers of the State extend, with respect to that fishery, whether pursuant to section 5 of the *Coastal Waters (State Powers) Act 1980* of the Commonwealth or otherwise; and (d) for purposes relating to recreational fishing, within the meaning of the Commonwealth Fisheries Act, other than recreational fishing — (i) carried on by the use of a foreign boat; or (ii) prohibited or regulated by a plan of management determined under section 17 of the Commonwealth Fisheries Act, is a reference to any waters to which the legislative powers of the State extend with respect to such fishing. [Section 3 amended: No. 23 of 1994 s. 4; No. 28 of 2006 s. 238; No. 77 of 2006 Sch. 1 cl. 120(1).] ##### 4. Positions on Earth, determining (1) Where for the purposes of this Act it is necessary to determine the position on the surface of the Earth of a point, line or area, that position shall be determined by reference to the prescribed Australian datum. (2) Regulations that prescribe a datum for the purposes referred to in subsection (1), or amend that datum or prescribe another datum to replace that datum, may make any transitional or savings provisions that are necessary or convenient to be made — (a) in relation to farm leases, licences or permits issued before the regulations take effect; or (b) in relation to applications for farm leases, licences or permits pending when the regulations take effect; or (c) for any other purpose. (3) Regulations referred to in subsection (2) may modify or otherwise affect the operation of this Act. [Section 4 amended: No. 54 of 2000 s. 6.] ##### 5. Zones, declaring (1) The Minister may, by notice published in the *Gazette* declare — (a) an area of waters described and given a zone designation in the notice to be a zone for the purposes of this Act; and (b) a part of a zone described and given a designation in the notice to be an area of a zone for the purposes of this Act. (2) Where for the purposes of this Act it is necessary to describe a particular area of waters, that area may be described by reference to one or more, or areas of one or more, zones. ##### 6. Species of pearl oysters to which Act applies, declaration of The Minister may, by notice published in the *Gazette*, declare those species of pearl oysters specified in the notice to be pearl oysters to which this Act applies. ## Part 2 — Control of pearling and hatchery activities ### Division 1 — Pearling licences, hatchery licences and permits ##### 7. Pearling and hatchery activities without licence or permit, offence (1) In the State and in Western Australian waters, a person shall not carry out — (a) pearling except under a pearling licence or pearling permit; or (b) hatchery activities except under a hatchery licence or hatchery permit, held by the person, or by a principal or employer of the person. (2) A person who contravenes or who causes, permits or suffers another person to contravene subsection (1) commits an offence, the penalty for which is — (a) $50 000; and (b) in every case, a further mandatory penalty of an amount that is twice the wholesale value at the time of the offence of any pearl oysters, or pearl oyster spat, the subject of the offence. (3) It is a defence to a charge of an offence under this section if the person charged proves that at the time the offence occurred he or she — (a) was an agent or employee of a person who was in control of the pearling or hatchery activities; and (b) believed on reasonable grounds that his or her principal or employer held the relevant licence or permit. [Section 7 amended: No. 78 of 1995 s. 103.] ##### 8. Conditions on licences etc., contravening (1) While carrying out pearling or hatchery activities in the State or in Western Australian waters, a person shall not contravene any condition imposed on the pearling licence, hatchery licence or permit — (a) under which the pearling or hatchery activities are carried out; and (b) which is held by the person or a principal or employer of the person. (2) A person who contravenes, or who causes, permits or suffers another person to contravene, subsection (1) commits an offence, the penalty for which is $10 000, unless section 9 or 10 applies. (3) Where a regulation relating to — (a) the identification of pearl oysters; or (b) the identification or use of containers used for pearling or hatchery activities; or (c) the taking, collecting, moving, dumping, holding, storing or transporting of pearl oysters, has been contravened, all pearl oysters the subject of the contravention shall be regarded for the purposes of this Act as if they were taken in excess of the relevant quota imposed by condition on the pearling licence or hatchery licence or the permit under which the pearling or hatchery activities were carried out. (4) Subsection (3) applies where a regulation relating to containers referred to in subsection (3)(b) is contravened, notwithstanding that no pearl oysters are involved in the contravention, and, where that situation occurs, the number of pearl oysters that shall be regarded as taken in excess of the relevant quota for the purposes of that subsection shall be the number that is prescribed in respect of the particular type of container. (5) Where a person has contravened a condition imposed in respect of the quota of pearl oysters that may be taken under the relevant licence or permit, but it is not possible to prove in which period of time the number of pearl oysters taken was in excess of the quota specified for that period of time, then the number of pearl oysters taken in excess of quota shall be deemed to have been taken in excess of the quota relating to the period of time when the contravention was reported in writing to the CEO by an inspector. (6) It is a defence to a charge of an offence under this section if the person charged proves that, at the time the situation giving rise to that charge occurred, he or she was an agent or employee of the person who was in control of the pearling or hatchery activities and did not have any knowledge of the relevant condition imposed on the relevant licence or permit. [Section 8 amended: No. 28 of 2006 s. 241.] ##### 9. Offence under s. 8, penalty if condition relates to quota (1) The penalties set out in this section apply where a person is convicted under section 8 of an offence (in this section called the quota offence) relating to the contravention of a condition described in section 26(2)(c) imposed on a pearling licence, hatchery licence or permit. (2) Where the number of pearl oysters taken in excess of a quota is less than 100, the penalty for the quota offence is $10 000, unless subsection (3)(a) or (4)(a) applies. (3) Where the number of pearl oysters taken in excess of a quota — (a) is less than 100 and it is the second such offence by the person in any period of 10 years; or (b) is 100 or more and subsection (4)(b) does not apply, the penalty for the quota offence is $40 000 and, where the quota offence was committed with the knowledge of the holder of the relevant licence or permit, a reduction in accordance with subsection (5) in the quota of pearl oysters that may be taken under that licence or permit. (4) Where the number of pearl oysters taken in excess of a quota — (a) is less than 100 and it is the third or subsequent such offence by the person in any period of 10 years; or (b) is 100 or more and it is the second or subsequent such offence by the person in any period of 10 years, the penalty for the quota offence is $100 000 and, where the quota offence was committed with the knowledge of the holder of the relevant licence or permit, a permanent reduction in the quota of pearl oysters that may be taken under that licence or permit by the number of pearl oysters taken in excess of the quota, rounded up to the nearest 1 000. (5) Where subsection (3) applies, the quota of pearl oysters that may be taken under the relevant licence or permit shall be reduced — (a) if the number of pearl oysters taken in excess of the quota is less than 1 000, for a period of 2 years; or (b) if the number of pearl oysters taken in excess of the quota is 1 000 or more, for a period of 3 years, by the number of pearl oysters taken in excess of the quota, rounded up to the nearest 1 000. (6) In the absence of proof to the contrary, the holder of the relevant licence or permit shall be taken to have had knowledge that the quota offence was being committed for the purpose of determining whether or not a penalty referred to in this section is applicable. ##### 10. Offence under s. 8, penalty if condition relates to area Where a person is convicted under section 8 of an offence relating to the contravention of a condition described in section 26(2)(b) or (3) and imposed on a pearling licence, hatchery licence or permit, the penalty for that offence is — (a) $50 000; and (b) in every case, a further mandatory penalty of an amount that is twice the wholesale value at the time of that offence of any pearl oysters, or pearl oyster spat, the subject of that offence. [Section 10 amended: No. 78 of 1995 s. 103.] ##### 11. Number of pearl oysters taken under licence etc., calculating In calculating the number of pearl oysters taken during a particular period of time under a pearling licence, hatchery licence or permit, all pearl oysters produced under a hatchery licence that are bought or otherwise obtained by the holder of the pearling licence, hatchery licence or permit during that period of time and used, or intended to be used, for any activity authorised under the pearling licence, hatchery licence or permit, shall be regarded as if they had been taken under the pearling licence, hatchery licence or permit. ##### 12. Hatchery produced pearl oysters not to be sold without CEO’s approval, offence (1) The holder of a hatchery licence shall not sell any pearl oyster produced under the hatchery licence without the written approval of the CEO. (2) The approval of the CEO to the sale of any pearl oyster produced under a hatchery licence shall not be as of right and, if the CEO thinks it would be in the better interests of the pearling industry to do so, the CEO may refuse to give that approval. (3) Where the CEO refuses to give his or her approval to the sale of pearl oysters produced under a hatchery licence the CEO shall, in writing, inform the holder of the hatchery licence of the refusal and the reasons for it. (4) A person who contravenes, or who causes, permits or suffers another person to contravene, subsection (1) commits an offence, the penalty for which is — (a) $10 000; and (b) in every case, a further mandatory penalty of an amount that is twice the wholesale value at the time of the offence of any pearl oysters the subject of the offence. [Section 12 amended: No. 78 of 1995 s. 103; No. 28 of 2006 s. 241.] ### Division 2 — Other licences ##### 13. Pearl diver’s licence, when required (1) A person shall not dive while carrying out pearling or hatchery activities in Western Australian waters unless that person holds a pearl diver’s licence. ##### 14. Pearl boat licence, when required (1) A person shall not use a boat to carry out pearling or hatchery activities in Western Australian waters, otherwise than on a pearl oyster farm, unless there is in force in respect of the boat a pearl boat licence and the boat is used to carry out the pearling or hatchery activities in accordance with the pearl boat licence. ##### 15. Pearl boat master’s licence, when required (1) A person shall not be in control of a boat used to carry out pearling or hatchery activities in Western Australian waters, otherwise than on a pearl oyster farm, unless that person holds a pearl boat master’s licence and the pearling or hatchery activities are carried out in accordance with the pearl boat master’s licence. ### Division 3 — Pearl oyster farms ##### 16. Pearl oysters and pearl oyster spat to be moved to pearl oyster farm Subject to this Act, by 31 December in each year, or by such other date as the CEO specifies in writing in a particular case or year, the holder of a pearling licence or hatchery licence shall ensure that all live pearl oysters and pearl oyster spat taken or produced — (a) under the pearling licence or hatchery licence; or (b) under another pearling licence or hatchery licence on behalf of the holder of that pearling licence or hatchery licence, in the preceding 12 months are moved to a pearl oyster farm, and are not removed from the pearl oyster farm after that date, otherwise than with the written approval of the CEO. Penalty: $10 000. [Section 16 amended: No. 28 of 2006 s. 241.] ##### 17. Excluding people from pearl oyster farms (1) The CEO may, by notice in writing given to the holder of a farm lease, authorise the holder of the farm lease to exclude persons from the pearl oyster farm specified in the farm lease, or from that part of the pearl oyster farm specified in the authorisation. (2) A person shall not enter or remain on a pearl oyster farm, or part of a pearl oyster farm, after being made aware that the holder of the relevant farm lease has been authorised under subsection (1) to exclude persons from the pearl oyster farm, or that part of the pearl oyster farm, unless the person — (a) has the permission of that holder so to enter or remain; or (b) is compelled so to enter or remain by weather conditions or some other reasonable cause. (3) A person shall not contravene or cause, permit or suffer another person to contravene subsection (2). [Section 17 amended: No. 28 of 2006 s. 241.] ##### 18. Pearls, pearl oysters and pearl oyster spat used for pearling or hatchery activities are property of farm lease holder Unless or until proved to the contrary, all pearls, pearl oysters and pearl oyster spat on a pearl oyster farm being used for pearling or hatchery activities shall be taken to be the property of the person who holds the relevant farm lease. ### Division 4 — General ##### 19. Pearling and hatchery activities, Minister may prohibit or restrict (1) The Minister may, by notice published in the *Gazette*, prohibit or restrict in an area or areas of waters described in that notice and for the period of time specified in that notice pearling or hatchery activities to the extent specified in that notice. (2) Notwithstanding any other provision of this Act or any licence or permit, a person shall not contravene a prohibition or restriction made under subsection (1). Penalty: $10 000. ##### 20. Pearling or hatchery activities, interfering with A person shall not without reasonable cause — (a) prevent pearling or hatchery activities from being carried out in accordance with this Act; or (b) interfere with, hinder or harass a person who is carrying out pearling or hatchery activities in accordance with this Act. ##### 21. Undersized and oversized pearl oysters not to be taken (1) Subject to subsection (3), a person shall not — (a) take, be in possession or control of, or have in or on any receptacle, premises, boat, vehicle or aircraft under his or her control; or (b) sell, give or consign; or (c) bring into Western Australian waters or into the State, a pearl oyster the shell of which is — (d) smaller than the minimum size; or (e) larger than the maximum size, declared under subsection (2). Penalty: $5 000. (2) The Minister may, by notice published in the *Gazette*, declare minimum and maximum sizes for the purposes of subsection (1) and in that notice may specify — (a) different minimum and maximum sizes in respect of different waters or species of pearl oysters; and (b) the method, or methods, by which the size of pearl oyster shells shall be determined. (3) Subsection (1) does not apply to hatchery activities carried out in accordance with a hatchery licence or a hatchery permit. (4) An inspector may return to Western Australian waters any pearl oyster — (a) referred to in subsection (1); and (b) seized under section 36(1)(g). (5) Where a person convicted of an offence under subsection (1) establishes that at the time when the offence was committed — (a) he or she was an employee or agent; and (b) the pearl oysters concerned were in the same state as that in which he or she received them from his or her employer or principal; and (c) he or she did not know that he or she was committing an offence under subsection (1) in relation to the pearl oysters concerned, that person may recover from his or her employer or principal the amount of any penalty imposed as a result of his or her conviction of the offence and any costs for which he or she is liable in respect of that conviction. (6) Subsection (5) shall operate notwithstanding that the employer or principal referred to in that subsection may also have been convicted of the offence referred to in that subsection and have been subjected to a penalty imposed as a result of that conviction. ## Part 3 — Farm leases, licences and permits ### Division 1 — Application and issue ##### 22. Farm leases etc., application for issue etc. of (1) An application for the issue, renewal or transfer of a farm lease, licence or permit shall be in a form approved by the CEO. (2) The CEO may approve of different forms for the purpose of making different applications under this section. (3) An application for the issue, renewal or transfer of a farm lease, licence or permit shall be made to the CEO. [Section 22 amended: No. 28 of 2006 s. 241.] ##### 23. Farm leases etc., issue of (1) The CEO may issue a — (a) pearl oyster farm lease; and (b) pearling licence; and (c) pearl oyster hatchery licence; and (d) pearl diver’s licence; and (e) pearl boat licence; and (f) pearl boat master’s licence; and (g) pearling permit; and (h) pearl oyster hatchery permit, in such form as is approved by the CEO, on payment of the appropriate annual fee or, if applicable, the first instalment of the appropriate annual fee, referred to in section 27(1). (2A) In accordance with the *Personal Property Securities Act 2009* (Commonwealth) section 10 the definition of ***licence*** paragraph (d), the following rights, entitlements or authorities are declared not to be personal property for purposes of that Act — (a) a pearl oyster farm lease issued under subsection (1)(a); (b) a pearling licence issued under subsection (1)(b); (c) a pearl oyster hatchery licence issued under subsection (1)(c); (d) a pearling permit issued under subsection (1)(g); (e) a pearl oyster hatchery permit issued under subsection (1)(h). (2) The CEO shall not issue a farm lease unless satisfied that the applicant holds — (a) a hatchery licence; or (b) a pearling licence authorising the holder to carry out pearl culture techniques. (3) The total area of a pearl oyster farm shall not exceed 4 square nautical miles. (4) A pearl diver’s licence or a pearl boat master’s licence shall be issued only to a natural person. (5) The CEO may issue — (a) a pearling permit to carry out any pearling activity; (b) a hatchery permit to carry out any hatchery activity, if satisfied that the activities to be carried out under the permit are for — (c) the purpose of research or investigation; or (d) any other purpose prescribed for the purposes of this section. (6) A farm lease, licence or permit shall not be issued as of right and, if the CEO thinks it would be in the better interests of the pearling industry to do so, the CEO may refuse to issue a farm lease, licence or permit. (7) Where the CEO refuses to issue a farm lease, licence or permit, the CEO shall, in writing, inform the applicant of the refusal and the reasons for it. (8) The CEO shall cause to be published in the *Gazette* a notice of any decision made under this section granting an application for the issue of a farm lease, pearling licence or hatchery licence and shall in that notice draw attention to the right of review set out in section 33. [Section 23 amended: No. 55 of 1998 s. 4; No. 55 of 2004 s. 903; No. 28 of 2006 s. 241; No. 42 of 2011 s. 78.] ##### 23A. Farm leases etc. in marine reserves, issue of prohibited or limited (1) A farm lease, licence or permit shall not be issued under section 23 in relation to — (a) an area of a marine nature reserve; or (b) an area of a marine park from which pearling activity is excluded under section 13B of the *Conservation and Land Management Act 1984*. (2) A farm lease, licence or permit shall not be issued under section 23 in relation to — (a) an area of a marine park other than one from which pearling activity is excluded under section 13B of the *Conservation and Land Management Act 1984*; or unless the Minister to whom the administration of the *Conservation and Land Management Act 1984* is committed approves the granting of the lease, licence or permit. (3) This section does not affect the validity of a farm lease, licence or permit — (a) issued before the commencement of section 61 of the *Acts Amendment (Marine Reserves) Act 1997*; or (b) issued in relation to an area which is affected, after the issue of the lease, licence or permit, by a reservation under section 13 of the *Conservation and Land Management Act 1984*, or by a notice under section 62 of that Act. (4) Subsection (2) does not apply to the issuing of a farm lease in relation to an area as to which a licence or permit — (a) could have been renewed under section 27B(2)(c); or (b) has been renewed under section 27B(2)(c) or (d), as long as — (c) a management plan applies to the area under the *Conservation and Land Management Act 1984* and the issuing of the lease is consistent with a management plan; or (d) the Minister has consulted the Minister to whom the administration of the *Conservation and Land Management Act 1984* is for the time being committed by the Governor on the issuing of the lease and has taken into account any recommendation of that Minister. (5) In this section — marine management area, marine nature reserve, and marine park have the meanings given to them by the *Conservation and Land Management Act 1984*. [Section 23A inserted: No. 5 of 1997 s. 61.] [**23B.** Deleted: No. 52 of 1995 s. 46.] ##### 24. Policy guidelines, Minister may issue (1) The Minister may issue from time to time for the assistance of the CEO and the information of the pearling industry a policy statement consisting of guidelines in respect of matters considered by the Minister to be of significance in relation to the provisions of this Part. (2) A policy statement issued under this section may be amended or revoked by the Minister at any time. (3) In the exercise of the functions conferred on the CEO by this Part, the CEO shall have regard to any policy statement issued by the Minister under this section, but the issue of such a statement does not in any way derogate from the duty of the CEO to exercise discretion in a particular case nor does it preclude the CEO from taking into account matters other than those referred to in that statement. (4) Nothing in this section shall be construed as authorising the Minister to give directions or make a statement that concerns a particular application or matter or is inconsistent with any provision of this Act. [Section 24 amended: No. 28 of 2006 s. 241.] ##### 25. Farm leases etc., duration of Subject to section 27 and Division 2 — (a) a farm lease shall be valid and effectual only for such period of time not exceeding 21 years as is specified in the farm lease; and (b) a licence or permit shall be valid and effectual only for the period of time specified in the licence or permit. ##### 26. Licences and permits, conditions on (1) A licence or permit shall be subject to such conditions as the CEO may from time to time impose by notice in writing served on the holder of the licence or permit. (2) Without limiting the generality of subsection (1) — (a) a licence or permit held by — (i) an individual shall be subject to the condition that the individual comply; or (ii) a body corporate shall be subject to the condition that the body corporate ensure that there is at all times an officer of the body corporate nominated by notice in writing served on the CEO, which officer complies, with such requirements as are prescribed in respect of the holder of a licence or permit of the kind in question; and (b) a pearling licence or a hatchery licence may be subject to conditions relating to the areas of waters where particular pearling or hatchery activities are authorised to be carried out; and (c) a pearling licence, or a hatchery licence authorising the taking of pearl oysters, may be subject to a condition relating to the quota of pearl oysters that may be taken during the period of time specified in the licence and, if relevant, the areas of waters from which pearl oysters may be taken; and (d) a hatchery licence shall be subject to a condition relating to the quota of pearl oysters produced under the licence that, subject to section 12, may be used or sold for — (i) breeding stock; or (ii) pearl culture techniques. (3) Notwithstanding any condition imposed under this section, every pearling licence, hatchery licence or permit is subject to the condition that pearl oysters may not be taken by any person from a pearl oyster farm, otherwise than as specified in subsection (4). (4) A person who holds a farm lease for a pearl oyster farm, or an employee or agent of that person, may take pearl oysters from the pearl oyster farm in accordance with a pearling licence, hatchery licence or permit held by the person who holds that farm lease. [Section 26 amended: No. 28 of 2006 s. 241.] ##### 27. Farm leases etc., annual fees for (1) The annual fee in respect of — (a) a farm lease, pearling licence, hatchery licence or permit shall be of the amount, or calculated in the manner, declared by the Minister in respect of the farm lease, pearling licence, hatchery licence or permit for the year in question by notice published in the *Gazette*; or (b) a pearl diver’s licence, pearl boat licence or pearl boat master’s licence shall be such fee, if any, as is prescribed. (2) If a person who holds a farm lease, licence or permit does not pay the annual fee referred to in subsection (1) in respect of the renewal of each farm lease, licence or permit held by that person within 28 days of receiving notice in writing from the CEO that that annual fee is due to be paid for the relevant year, or such longer period of time as the CEO allows in writing, then the farm lease, licence or permit in respect of which that annual fee is not paid is cancelled by virtue of this section. (3) The Minister may, in the notice referred to in subsection (1)(a), provide for the annual fee to be paid in respect of a permit to vary in accordance with the purpose for which the activities under the permit are to be carried out. (4) A farm lease, licence or permit shall not be renewed as of right on payment of the annual fee and, if the CEO thinks it would be in the better interests of the pearling industry to do so, the CEO may refuse to renew a farm lease, licence or permit. (5) Where the CEO refuses to renew a farm lease, licence or permit on payment of the annual fee, the CEO shall, in writing, inform the person who held the farm lease, licence or permit of that refusal and the reasons for it. (6) The CEO shall, if he or she refuses to renew a farm lease, licence or permit, cause the annual fee paid in respect of the renewal so refused to be refunded to the person who paid that annual fee. (7) The annual fees payable under this section in respect of — (a) farm leases and licences (other than pearling licences and hatchery licences) shall be credited to the Consolidated Account; or (b) pearling licences, hatchery licences and permits shall be credited to the Fisheries Research and Development Account. (8) If regulations made under section 60 provide that the payment of an annual fee may be made by instalments, a reference in this section, other than subsections (1) and (3), to the annual fee shall be taken to include a reference to the appropriate instalment or instalments of the annual fee. [Section 27 amended: No. 6 of 1993 s. 11; No. 49 of 1996 s. 64; No. 55 of 1998 s. 5; No. 28 of 2006 s. 241; No. 77 of 2006 s. 4 and Sch. 1 cl. 120(2).] ##### 27A. Farm leases in marine reserves, renewal of limited (1) If it is proposed to renew for a term a farm lease which relates to an area which is — (a) part of a marine nature reserve; or (b) an area of a marine park from which pearling activity is excluded under section 13B of the *Conservation and Land Management Act 1984*, the farm lease may be renewed only as a lease which does not apply to those areas. (2) If it is proposed to renew for a term a farm lease which relates to an area which is — (a) an area of a marine park other than one from which pearling activity is excluded under section 13B of the *Conservation and Land Management Act 1984*; or the farm lease may be renewed only as a lease which does not apply to those areas, unless either — (c) a management plan applies to the area under the *Conservation and Land Management Act 1984* and the renewal is consistent with a management plan; or (d) the Minister has consulted the Minister to whom the administration of the *Conservation and Land Management Act 1984* is for the time being committed by the Governor on the renewal and has taken into account any recommendation of that Minister. (3) This section does not affect the validity of a farm lease whose term was — (a) renewed before the commencement of section 62 of the *Acts Amendment (Marine Reserves) Act 1997*; or (b) renewed in relation to an area which is affected, after the renewal of the lease, by a reservation under section 13 of the *Conservation and Land Management Act 1984*, or by a notice under section 62 of that Act. (4) This section does not prevent the annual renewal of a farm lease under section 27, where the term of the lease has not expired. (5) In this section and section 27B — marine management area, marine nature reserve, and marine park have the meanings given to them by the *Conservation and Land Management Act 1984*. [Section 27A inserted: No. 5 of 1997 s. 62.] ##### 27B. Licences and permits in marine reserves, renewal of limited (1) If a licence or permit is unattached and relates to an area which is — (a) part of a marine nature reserve; or (b) an area of a marine park from which pearling activity is excluded under section 13B of the *Conservation and Land Management Act 1984*, the licence or permit may be renewed only as a licence or permit which does not relate to those areas. (2) If a licence or permit is unattached and relates to an area which is — (a) an area of a marine park other than one from which pearling activity is excluded under section 13B of the *Conservation and Land Management Act 1984*; or the licence or permit may be renewed only as a licence or permit which does not apply to those areas, unless either — (c) a management plan applies to the area under the *Conservation and Land Management Act 1984* and the renewal is consistent with a management plan; or (d) the Minister has consulted the Minister to whom the administration of the *Conservation and Land Management Act 1984* is for the time being committed by the Governor on the renewal and has taken into account any recommendation of that Minister. (3) This section does not affect the validity of a licence or permit — (a) renewed before the commencement of section 62 of the *Acts Amendment (Marine Reserves) Act 1997*; or (b) renewed in relation to an area which is affected, after the renewal of the lease, by a reservation under section 13 of the *Conservation and Land Management Act 1984*, or by a notice under section 62 of that Act. (4) For the purposes of this section — (a) a licence or permit is unattached unless it is — (i) a hatchery licence which relates to an area under a farm lease; or (ii) a pearling licence authorising the holder to carry out pearl culture techniques in the area under a farm lease; and (b) where a licence referred to in paragraph (a)(i) or (ii) relates in part to areas under a farm lease or leases and in part to areas not under such a lease, the licence is to be treated as 2 separate licences, being — (i) a licence in relation to the areas under the lease or leases; and (ii) a licence in relation to the areas not under any lease. [Section 27B inserted: No. 5 of 1997 s. 62.] ### Division 2 — Cancellation, suspension, surrender and transfer ##### 28. Licences and permits, cancellation etc. of (1) The CEO may, by writing served on the holder of a licence or permit, cancel or suspend the licence or permit if — (a) the holder of the licence or permit, or, in the case of a pearl boat licence, the boat in respect of which the licence is issued, ceases to be qualified in terms of any requirements prescribed in respect of the holder of a licence or permit of the kind in question, or a boat used to carry out pearling or hatchery activities, as the case requires; or (b) the holder of the licence or permit has failed to comply with this Act, or with any condition to which the licence or permit is subject. (2) The CEO may accept the surrender of a licence or permit. [Section 28 amended: No. 28 of 2006 s. 241.] ##### 29. Pearling licence, hatchery licence or permit, automatic cancellation of on 3rd s. 8 offence in 10 years If on 3 or more occasions in any period of 10 years the holder of a pearling licence, hatchery licence or permit has been convicted of an offence under section 8, then the licence or permit in respect of which all or the majority of those offences was committed is cancelled by virtue of this section. ##### 30. Farm lease, cancellation of (1) If a person who holds a farm lease ceases to hold — (a) a hatchery licence; or (b) a pearling licence authorising the holder to carry out pearl culture techniques, the farm lease is cancelled by virtue of this section. (2) If the CEO is satisfied that the holder of a farm lease is not using the pearl oyster farm specified in the farm lease in the better interests of the pearling industry, then the CEO may cancel the farm lease. (3) Where the CEO cancels a farm lease under subsection (2), the CEO shall, in writing, inform the holder of the farm lease of that cancellation, the date from which that cancellation shall take effect and the reasons for that cancellation. [Section 30 amended: No. 28 of 2006 s. 241.] ##### 31. Cancelled farm lease, pearl oysters etc. to be removed from; consequences of non‑removal (1) If a person who held a farm lease that has been cancelled under section 27 or 30 has not removed from the pearl oyster farm specified in that farm lease all pearl oysters, pearls, pearl oyster spat and equipment associated with pearling or hatchery activities within — (a) 3 months from the cancellation of that farm lease; or (b) if an application for a review is made under Part 4 against a cancellation under section 30(2) but is then withdrawn, 3 months from the day on which the application is withdrawn; or (ba) if, on an application for review made under Part 4 against a cancellation under section 30(2), an order is made by the State Administrative Tribunal that results in the lease remaining cancelled, 3 months after — (i) the time fixed for applying for leave to appeal from the order under section 105 of the *State Administrative Tribunal Act 2004* has passed without an application having been made; or (ii) leave to appeal has been refused; or (iii) leave to appeal has been granted and the time fixed for instituting an appeal has passed without an appeal having been instituted; or (iv) an appeal has been instituted and has been withdrawn, dismissed or otherwise determined unfavourably; or (c) such time as the CEO allows in writing, whichever is the latest in time, then those pearl oysters and pearls and that pearl oyster spat and equipment are forfeited to the Crown by operation of this section. (2) Everything forfeited to the Crown by operation of this section shall be destroyed or dealt with in such manner as the Minister directs and, where forfeited goods are sold as a result of a direction by the Minister, the proceeds from that sale shall be credited to the Fisheries Research and Development Account. [Section 31 amended: No. 49 of 1996 s. 64; No. 55 of 2004 s. 904; No. 28 of 2006 s. 241; No. 77 of 2006 Sch. 1 cl. 120(3).] ##### 32. Farm leases etc. not transferable; exceptions (1) Neither a farm lease, pearling licence nor hatchery licence held by a person, nor a right conferred on a person under a farm lease, pearling licence or hatchery licence, is transferable to any other person, otherwise than as provided in this section. (2) Neither a pearl diver’s licence, pearl boat licence, pearl boat master’s licence nor permit held by a person, nor a right conferred on a person under a pearl diver’s licence, pearl boat licence, pearl boat master’s licence or permit, is transferable to any other person. (3) The holder of a farm lease, pearling licence or hatchery licence may transfer it to another person with the written approval of the CEO. (4) The holder of a farm lease may, with the written approval of the CEO, transfer part or parts of the pearl oyster farm specified in the farm lease to another person or other persons, and, where the CEO gives that approval, the farm lease shall be surrendered and 2 or more farm leases, as the case requires, shall be issued. (5) The holder of — (a) a pearling licence or hatchery licence may, with the written approval of the CEO, transfer to another person part, or all, of the quota of pearl oysters that may be taken under the pearling licence or hatchery licence; or (b) a hatchery licence may, with the written approval of the CEO, transfer to another person part, or all, of the quota of pearl oysters produced under the hatchery licence that may be used or sold for — (i) breeding stock; or (ii) pearl culture techniques, in accordance with the regulations. (6) The approval of the CEO to a transfer under subsection (3), (4) or (5) shall not be as of right and, if the CEO thinks it would be in the better interests of the pearling industry to do so, the CEO may refuse to give that approval. (7) Where the CEO refuses to give his or her approval to a transfer under subsection (3), (4) or (5), the CEO shall, in writing, inform the person who requested that approval of that refusal and the reasons for it. [Section 32 amended: No. 28 of 2006 s. 241.] [Division 3 (s. 32A‑32H) deleted: No. 52 of 1995 s. 47.] ## Part 4 — Review [Heading amended: No. 55 of 2004 s. 905.] ##### 33. Certain decisions by CEO, review of by SAT (1) A person aggrieved by a decision of the CEO to issue under section 23 a farm lease, pearling licence or hatchery licence, whether unconditionally or subject to conditions, may apply to the State Administrative Tribunal for a review of the decision. (2) The CEO shall serve notice in writing of any decision made by him or her under — (a) section 12(1), 17(1), 26(1), 27(4), 28(1), 30(2), 32(6) or 55(2); or (b) section 23 refusing to issue a farm lease, pearling licence or hatchery licence, on each person aggrieved by that decision and shall in that notice draw attention to the right of review set out in this section. (3) A person aggrieved by a decision referred to in subsection (2) may apply to the State Administrative Tribunal for a review of the decision. (4) On receiving a copy of an application under subsection (3) the CEO shall cause a copy of the application to be given to the body known as the Pearl Producers’ Association (Incorporated). [(5)‑(9) deleted] (10) In subsections (1) and (3), person aggrieved includes — (a) in relation to an application for the approval under section 12 of the sale of pearl oysters produced under a hatchery licence, the persons who wish to sell, and the persons who wish to buy, those pearl oysters; and (b) in relation to a decision of the CEO to issue a farm lease, pearling licence or hatchery licence under section 23, a person who holds a farm lease, pearling licence or hatchery licence; and (c) in relation to an application for the approval of a transfer under section 32(3), (4) or (5), the persons from whom and to whom the transfer is proposed. [Section 33 amended: No. 55 of 2004 s. 906; No. 28 of 2006 s. 241.] ##### 34. Application for SAT review, effect of on CEO’s decision Notwithstanding anything in this Act or the *State Administrative Tribunal Act 2004*, pending the determination of an application under this Part for a review of a decision of the CEO — (a) imposing a condition under section 26(1), the condition is suspended, unless it was imposed at the same time as the licence or permit to which the condition attaches was issued; and (b) refusing to renew a farm lease, licence or permit under section 27(4), the lease, licence or permit remains in force; and (c) cancelling or suspending a licence or permit under section 28(1), the licence or permit remains in force; and (d) cancelling a farm lease under section 30(2), the farm lease remains in force. [Section 34 amended: No. 55 of 2004 s. 907; No. 28 of 2006 s. 241.] ## Part 5 — Inspection ##### 35. Inspectors, appointing etc. (1) The CEO shall appoint such officers of the Department to be inspectors for the purposes of this Act as the CEO considers necessary. (2) Every person who is a fisheries officer as defined in section 4(1) of the *Fish Resources Management Act 1994* is an inspector for the purposes of this Act. (3) The CEO shall issue to each inspector a certificate in a form approved by the CEO certifying that the person is an inspector under this Act. (4) An inspector shall produce the certificate referred to in subsection (3) whenever required to do so by any person in respect of whom the inspector has exercised, or is about to exercise, any of the powers of an inspector under this Act. (5) Production of a certificate referred to in subsection (3) is prima facie evidence that the person to whom the certificate relates is an inspector for the purposes of this Act. (6) Every police officer shall, if so requested by an inspector, aid and assist the inspector or any other inspector in enforcing compliance with the provisions of this Act and has, while so aiding and assisting, all the powers and authorities of an inspector. [Section 35 amended: No. 28 of 2006 s. 239 and 241.] ##### 36. Inspectors, powers of (1) An inspector may, for the purposes of this Act — (a) stop or detain any boat, vehicle or aircraft; (b) board any boat and enter any vehicle, aircraft or place and inspect and search that boat, vehicle, aircraft or place; (c) when boarding a boat or entering a vehicle, aircraft or place, bring such equipment and materials as are appropriate; (d) direct any person to produce for inspection any farm lease, licence or permit which should, in the opinion of the inspector, be held by that person; (e) conduct such examination and inquiry as are necessary to ascertain whether or not there has been compliance with this Act or any condition imposed under this Act; (f) require any person to state his or her name and principal place of residence; (g) seize any pearl oyster, pearl oyster spat or equipment associated with pearling or hatchery activities or any other thing which the inspector has reason to believe — (i) is, or is intended to be, used in or in relation to a contravention of this Act or any condition imposed under this Act; or (ii) was taken in contravention of this Act or any condition imposed under this Act; (h) take photographs and measurements, and make sketches and recordings; (i) require the production of, examine, and remove for the purpose of taking copies or extracts from or production in evidence, any records; (j) require that any boat, vehicle, aircraft or place be left undisturbed for as long as is specified in that requirement by writing served on the master or person in apparent control of the boat or on the manager or person in apparent control of the vehicle, aircraft or place, as the case requires; (k) require the owner, manager, master or person in apparent control of a boat, vehicle, aircraft or place by writing served on that owner, manager, master or person to render such assistance to the inspector as the inspector considers necessary; (l) direct and, if necessary, escort into any port a boat that the inspector believes is being used in contravention of this Act, or of any condition imposed under this Act, and direct that the boat be held until either — (i) any court dealing with a charge of an offence under this Act arising out of the use of the boat otherwise directs; or (ii) if no charge of an offence under this Act arising out of the use of the boat has been brought within the period of 3 days after the boat has arrived at the port, the expiry of that period; (m) in relation to a pearl boat, direct — (i) the holder of the relevant pearl boat licence; or (ii) the master of the pearl boat; or (iii) the person in apparent control of the pearl boat, or any 2 or all 3 of them by writing served on him, her or them not to proceed to sea unless accompanied by an inspector; (n) in relation to a boat other than a pearl boat, direct the person in apparent control of that boat by writing served on that person not to proceed to sea unless accompanied by an inspector; (o) exercise such other powers as are necessary for the purposes of this Act. (2) If, in the case of — (a) a requirement under subsection (1)(j), there appears to the inspector making the requirement to be no master or person in apparent control of the relevant boat or manager or person in apparent control of the relevant vehicle, aircraft or place, that inspector may, instead of effecting the service referred to in that subsection, affix to that boat, vehicle or aircraft or in that place in a conspicuous position a notice setting out the requirement; or (b) a direction under — (i) subsection (1)(m) in respect of a pearl boat, there appears to the inspector giving the direction to be no immediate prospect of locating the holder of the relevant pearl boat licence or to be no master or person in apparent control of the pearl boat, as the case requires, that inspector may, instead of effecting the service referred to in that subsection, affix to the pearl boat; or (ii) subsection (1)(n) in respect of a boat other than a pearl boat, there appears to the inspector giving the direction to be no person in apparent control of that boat, that inspector may, instead of effecting the service referred to in that subsection, affix to that boat, in a conspicuous position a notice setting out the direction. (3) An inspector may arrest without warrant a person who the inspector has reason to believe has committed an offence against this Act if the inspector has reason to believe — (a) that such an arrest is necessary to prevent that offence from continuing; or (b) that any other procedure for dealing with that offence would not be effective. ##### 37. Inspector may require master of pearl boat etc. to transport inspector etc. (1) An inspector may for the purposes of this Act require, in writing, that the holder of the pearl boat licence issued in respect of, or the master or person in apparent control of, a pearl boat, or the person in apparent control of a boat used for pearling or hatchery activities on a pearl oyster farm, as the case requires, transport the inspector on that pearl boat or boat to another boat or to a place or places nominated by the inspector. (2) Where an inspector is transported on a boat in compliance with a requirement made under subsection (1), the master or person in apparent control of the boat shall provide food and accommodation for the inspector and shall allow the inspector to use any equipment on the boat, including equipment for communicating and navigating, and where the inspector so requires shall — (a) carry on board the boat any equipment, fuel or stores; and (b) tow any smaller boat. (3) The holder of a pearl boat licence in respect of, or master or person in apparent control of, a boat used in compliance with a requirement made under subsection (1) may apply to the CEO for reimbursement of any costs incurred in that use and the CEO shall decide the amount, if any, that is to be paid to that holder, master or person and that amount shall be paid to that holder, master or person and charged to the Fisheries Research and Development Account. (4) A decision of the CEO made under subsection (3) is final and binding. [Section 37 amended: No. 49 of 1996 s. 64; No. 28 of 2006 s. 241; No. 77 of 2006 Sch. 1 cl. 120(4).] ## Part 6 — Pearling Industry Advisory Committee ##### 38. Committee established and functions of (1) There is established by this subsection a Committee to be known as the Pearling Industry Advisory Committee. (2) The functions of the Committee are to advise the Minister or CEO concerning any matter referred to it by the Minister or CEO, or any matter in respect of which the Committee is of the opinion it should provide advice to the Minister or CEO, in relation to — (a) the management, control, protection, regulation or development of pearling or hatchery activities; and (b) pearl oysters; and (c) pearl oyster hatcheries; and (d) pearl oyster fisheries, in the State, or in Western Australian waters or in any waters adjacent thereto. (3) The Committee is not an agent of the Crown in right of the State, except in relation to a matter in which the Committee is specifically authorised by the Minister to act on behalf of the Crown in right of the State. [Section 38 amended: No. 28 of 2006 s. 241.] ##### 39. Members of Committee The Committee shall comprise such persons as are appointed by the Minister to provide advice in relation to the matters referred to in section 38(2). ##### 40. Constitution and proceedings of Committee (Sch. 1) The provisions of Schedule 1 shall have effect with respect to the constitution and proceedings of the Committee. ##### 41. Remuneration and allowances for members A Committee member shall be paid from moneys standing to the credit of the Fisheries Research and Development Account such remuneration and travelling and other allowances as the Minister may from time to time after consultation with the Public Sector Commissioner determine. [Section 41 amended: No. 49 of 1996 s. 64; No. 77 of 2006 Sch. 1 cl. 120(5); No. 39 of 2010 s. 89.] ##### 42. Protection from personal liability for members A Committee member is not personally liable for any act done or omitted to be done in good faith by the Committee or by that member while acting as a Committee member. ## Part 7 — Commonwealth‑State management of pearl oyster fisheries ##### 43. Terms used (1) Words and expressions used in this Part have the same respective meanings as in Part IIA of the *Fisheries Act 1905* 1. (2) In this Part — pearl oyster fishery or Joint Authority pearl oyster fishery means a fishery, or a Joint Authority fishery, that is identified in an arrangement by reference to pearl oysters or pearling. ##### 44. Application of Act to pearl oyster fishery if, under arrangement, State law applies Where there is in force an arrangement that provides that a particular pearl oyster fishery is to be managed in accordance with the law of the State, the provisions of this Act apply to and in relation to the pearl oyster fishery, except that those provisions do not apply to or in relation to the pearl oyster fishery in respect of foreign boats in the Australian fishing zone or operations on or from foreign boats, or persons on foreign boats, in the Australian fishing zone or in relation to matters that occurred in or in relation to the Australian fishing zone before that arrangement took effect. [Section 44 amended: No. 23 of 1994 s. 5.] ##### 45. Functions of Joint Authority if, under arrangement, State law applies Where, in respect of a pearl oyster fishery, there is in force an arrangement under which a Joint Authority has the management of the pearl oyster fishery and the pearl oyster fishery is to be managed in accordance with the law of the State, the Joint Authority has the functions of keeping constantly under consideration the condition of the pearl oyster fishery, formulating policies and plans for the good management of the pearl oyster fishery and, for the purposes of the management of the pearl oyster fishery, exercising the powers conferred on it by this Act and cooperating and consulting with other authorities (including other Joint Authorities within the meaning of the Commonwealth Fisheries Act) in matters of common concern. ##### 46. Joint Authority pearl oyster fishery, provisions as to licences etc. for (1) Save as provided in this section, a licence or permit issued or renewed under this Act otherwise than by virtue of this section does not authorise the doing of any act or thing in or in relation to a Joint Authority pearl oyster fishery. (2) In respect of a Joint Authority pearl oyster fishery that is to be managed in accordance with the law of the State, the powers (including powers with respect to the issue, renewal, cancellation and suspension of licences and permits) conferred on the Minister or any other person under this Act (this Part excepted) are exercisable by the Joint Authority instead of the Minister or the other person and are so exercisable as if references in the relevant provisions to the Minister, and to the other person, were references to the Joint Authority. (3) A licence or permit granted under this Act by a Joint Authority shall contain such conditions and limitations as are necessary to ensure that it applies only in relation to a Joint Authority pearl oyster fishery, or Joint Authority pearl oyster fisheries, managed by the Joint Authority. (4) A Joint Authority may endorse a licence or permit issued under this Act (including such a licence or permit issued by the Joint Authority or another Joint Authority) so as to extend the operation of the licence or permit to matters to which the licensing powers of the Joint Authority under this Act are applicable and, where such an endorsement is made — (a) the endorsement ceases to have effect if the licence or permit ceases to have effect; and (b) the Joint Authority may suspend or cancel the endorsement as if it were a licence or permit granted by the Joint Authority. (5) Subject to section 48(1)(b) and (c), where, at a time a pearl oyster fishery becomes a Joint Authority pearl oyster fishery, any subsidiary legislation made under this Act would, but for this subsection, apply to the pearl oyster fishery, that subsidiary legislation ceases so to apply. (6) This section does not empower a Joint Authority to issue, or to take other action in respect of, a licence in respect of a foreign boat or to endorse such a licence. ##### 47. Joint Authority pearl oyster fishery, application of offence and enforcement provisions to The provisions of this Act relating to offences and enforcement and legal proceedings shall extend and apply in respect of anything done to or in relation to pearl oysters to which a Joint Authority pearl oyster fishery relates or otherwise in relation to a Joint Authority pearl oyster fishery and for that purpose shall be read and construed — (a) as if a reference in those provisions to a licence or permit were a reference to a licence or permit or an endorsement of a licence or permit issued or renewed by the relevant Joint Authority, in relation to the person alleged to have committed the relevant offence or the boat alleged to have been used in the commission of that offence; and (b) as if a reference in those provisions to pearl oysters were a reference to pearl oysters to which the Joint Authority pearl oyster fishery relates. ##### 48. Pearl oyster fishery managed by Joint Authority, regulations for and notice of (1) Where a Joint Authority is to manage a pearl oyster fishery in accordance with the law of the State, the Governor may, for the purpose of giving effect to a decision of the Joint Authority and having perused the written record of that decision — (a) make regulations for the management of the pearl oyster fishery; or (b) make a regulation applying to the pearl oyster fishery a regulation made otherwise than pursuant to this section; or (c) amend a regulation made otherwise than pursuant to this section so that it is expressed to apply to the pearl oyster fishery, whether or not it also applies to any other pearl oyster fishery. (2) Where a Joint Authority is to manage a pearl oyster fishery in accordance with the law of the State, the Minister may, for the purpose of giving effect to a decision of the Joint Authority and having perused the written record of that decision — (a) by notice published in the *Gazette* apply to the pearl oyster fishery a notice under this Act given otherwise than pursuant to this section; or (b) amend by notice published in the *Gazette* a notice under this Act given otherwise than pursuant to this section so that it is expressed to apply to the pearl oyster fishery, whether or not it also applies to any other pearl oyster fishery. (3) The power conferred on the Governor to make regulations otherwise than under subsection (1) does not extend to the making of a regulation of a kind referred to in subsection (1)(a) or (b) or the amendment of a regulation in the manner referred to in subsection (1)(c). (4) Where a regulation or notice affecting a pearl oyster fishery that is to be managed by a Joint Authority is expressed to be made or given pursuant to this section, it shall be conclusively presumed that it was made for the purpose of giving effect to a decision of the Joint Authority and that the Governor or the Minister, as the case requires, had perused the written record of that decision before that regulation or notice was made or given. ##### 49. Powers before arrangement takes effect, on termination of arrangement and before termination takes effect (1) After an arrangement for the management of a pearl oyster fishery has been made but before that arrangement takes effect, licences, permits, endorsements and other instruments may be issued, renewed, made or executed, and regulations may be made, for the purposes of the operation of this Act as affected by that arrangement, as if that arrangement had taken effect, but such a licence, permit, endorsement, instrument or regulation does not itself have effect before that arrangement takes effect. (2) Upon the termination of an arrangement for the management of a pearl oyster fishery, licences, permits, endorsements and other instruments issued, renewed, made or executed, and regulations made, for the purposes of the operation of this Act as affected by that arrangement cease to have effect. (3) After action for the purpose of the termination of an arrangement for the management of a pearl oyster fishery has been taken, but before that termination takes effect, licences, permits, endorsements and other instruments may be issued, renewed, made or executed, and regulations may be made, for the purposes of the operation of this Act as affected by the termination of that arrangement, as if that arrangement had been terminated, but such a licence, permit, endorsement, instrument or regulation does not have effect before the termination of that arrangement takes effect. ##### 50. Delegation by Joint Authority etc. (1) A Joint Authority may, by instrument in writing, either generally or as otherwise provided by that instrument, delegate to a person any of its powers under this Act, other than this power of delegation or the power conferred by section 51. (2) Where a power delegated under subsection (1) is exercised by the delegate, that power shall, for the purposes of this Act, be deemed to have been exercised by the Joint Authority. (3) A delegation under this section may be expressed to be a delegation to the person from time to time holding, or performing the duties of, a specified office, including an office — (a) in the service of; or (b) in the service of an authority of; or (c) under the law of, the Commonwealth or another State or a Territory. (4) A delegate of a Joint Authority shall, in the exercise of his or her delegated powers, comply with any directions given to him or her by the Joint Authority. (5) A delegation by a Joint Authority under this section — (a) may be revoked, by instrument in writing, by the Joint Authority (whether or not constituted by the persons constituting the Joint Authority at the time when the power was delegated); and (b) does not prevent the exercise of the power by the Joint Authority; and (c) continues in force notwithstanding any change in the membership of the Joint Authority. (6) Where, under this Act, the exercise of a power by a Joint Authority is dependent upon the opinion, belief or state of mind of the Joint Authority in relation to a matter and the power has been delegated in pursuance of this section, the power may be exercised by the delegate upon the opinion, belief or state of mind of the delegate in relation to that matter. (7) A certificate signed by a member of a Joint Authority and stating any matter with respect to a delegation under this section by the Joint Authority is evidence of that matter. (8) A document purporting to be a certificate referred to in subsection (7) shall, unless the contrary is established, be deemed to be such a certificate and to have been duly given. (9) Nothing in this Part prevents the delegation by a Joint Authority, in accordance with the law of the Commonwealth, of powers conferred on the Joint Authority by the law of the Commonwealth. ##### 51. Policy statement, Joint Authority may issue (1) A Joint Authority may issue from time to time to a person to whom it has under section 50 delegated any of its powers under this Act a policy statement consisting of guidelines relating to matters considered by the Joint Authority to be of significance in relation to the provisions of this Part. (2) A policy statement issued under this section may at any time be amended or revoked by the Joint Authority which issued it (whether or not that Joint Authority is at the time of amendment or revocation constituted by the persons constituting that Joint Authority at the time when that policy statement was issued), and continues in force notwithstanding any change in the membership of the Joint Authority. (3) A delegate under section 50 shall, in the exercise of the powers conferred on him or her by the delegation concerned, comply with any policy statement issued to him or her under this section. (4) Nothing in this section shall be construed as authorising a Joint Authority to issue a policy statement that is inconsistent with any provision of this Act. ## Part 8 — Proceedings for offences ##### 52. Prosecutions, commencing (1) Proceedings for an offence against this Act may be instituted by the CEO or any person authorised to do so by the CEO. (2) A prosecution for an offence against this Act must be commenced within 12 months after the date on which the offence was allegedly committed. [Section 52 amended: No. 84 of 2004 s. 80; No. 28 of 2006 s. 241.] ##### 53. Evidentiary provisions (1) In any prosecution for an offence against this Act an allegation in a charge that — (a) a person or boat was in a particular area of; or (b) an event took place in a particular area of; or (c) pearl oysters or pearl oyster spat were taken from, Western Australian waters, shall, in the absence of evidence to the contrary, be conclusive evidence of the area of waters where the person or boat was or the event took place, or the waters from which the pearl oysters or pearl oyster spat were or was taken. (2) In any prosecution for an offence against this Act, proof that a person was handling, or had in his or her possession or control, any pearl oyster, pearl oyster spat or pearl oyster container shall, in the absence of evidence to the contrary, be conclusive evidence that the person was carrying out pearling or hatchery activities. (3) In any prosecution for an offence against this Act the wholesale value of any pearl oysters at the time of the offence shall be taken to be such amount as the CEO, by affidavit, declares. [Section 53 amended: No. 84 of 2004 s. 80; No. 28 of 2006 s. 241.] ##### 54. Seized property, forfeiture of on conviction (1) Subject to section 55, where a person is convicted of an offence against this Act, the court may order that any pearl oyster, pearl oyster spat, boat or equipment associated with pearling or hatchery activities seized by an inspector under section 36(1)(g) that is shown to the satisfaction of the court to have been used in, or in connection with, the commission of that offence be forfeited to the Crown. (2) After the time limited for appeal from an order referred to in subsection (1) has expired, everything forfeited under that order shall be destroyed or dealt with in such manner as the Minister directs and, where forfeited goods are sold as a result of a direction under this subsection by the Minister, the proceeds from that sale shall be credited to the Fisheries Research and Development Account. [Section 54 amended: No. 49 of 1996 s. 64; No. 77 of 2006 Sch. 1 cl. 120(6).] ##### 55. Seized pearl oyster and pearl oyster spat, dealing with (1) Any pearl oyster or pearl oyster spat seized by an inspector under section 36(1)(g) — (a) that has no apparent owner may — (i) be returned by the inspector to Western Australian waters; or (ii) with the approval of the Minister, be sold by the CEO in the manner prescribed; or (b) in respect of which prosecution of a person for an offence against this Act is pending may — (i) with the approval of the Minister, be sold by the CEO in the manner prescribed; or (ii) subject to subsection (2), be held by a person subject to — (A) written conditions imposed by the CEO and given to that person; and (B) payment to the CEO by that person of an amount not exceeding the wholesale value of the seized pearl oyster or pearl oyster spat determined by the CEO, which amount shall be held by the CEO until that offence has been prosecuted and any appeal has been heard or the time for lodging an appeal has expired without an appeal having been lodged, and then be returned to that person. (2) Where the CEO decides that a person has breached a condition imposed under subsection (1)(b)(ii), the amount paid to the CEO under that subsection is forfeited to the Crown by virtue of this section and credited to the Fisheries Research and Development Account and the person shall be notified in writing accordingly. (3) The proceeds of the sale of any pearl oyster or pearl oyster spat under subsection (1) shall — (a) where there is no apparent owner of that pearl oyster or pearl oyster spat, be forfeited to the Crown by virtue of this section and credited to the Fisheries Research and Development Account; and (b) if a person is convicted of an offence referred to in subsection (1)(b) in respect of that pearl oyster or pearl oyster spat, be forfeited to the Crown by virtue of this section and shall be credited to the Fisheries Research and Development Account; and (c) if no person is convicted of an offence referred to in subsection (1)(b) in respect of that pearl oyster or pearl oyster spat and there is an apparent owner of that pearl oyster or pearl oyster spat, be paid to the person from whom the pearl oyster or pearl oyster spat was seized. (4) Where, after the proceeds of the sale of any pearl oyster or pearl oyster spat have been credited to the Fisheries Research and Development Account under subsection (3)(a), a person is identified as the owner of that pearl oyster or pearl oyster spat, the amount of the proceeds of the sale of that pearl oyster or pearl oyster spat shall be refunded to the person from the Fisheries Research and Development Account if the person shows to the satisfaction of the CEO that that pearl oyster or pearl oyster spat was not the subject of, or associated with, an offence against, or a contravention of any condition imposed under, this Act. (5) A person from whom pearl oysters were seized and returned to Western Australian waters — (a) under subsection (1)(a)(i) shall, if that person is identified as the owner of the pearl oysters and shows to the satisfaction of the CEO that the pearl oysters were not the subject of, or associated with, any offence against, or a contravention of any condition imposed under, this Act; or (b) under section 21(4) shall, if prosecution for an offence under section 21(1) in respect of the pearl oysters does not result in any person being convicted of that offence, be paid from moneys standing to the credit of the Fisheries Research and Development Account such amount, if any, in compensation as the CEO decides. (6) A decision of the CEO under subsection (4) or (5) is final and binding. [Section 55 amended: No. 49 of 1996 s. 64; No. 28 of 2006 s. 241; No. 77 of 2006 Sch. 1 cl. 120(7).] ##### 56. Liability of officers for offence by body corporate *The Criminal Code* section 39 (which provides for the criminal liability of officers of a body corporate) applies to an offence under a provision of this Act listed in the Table. Table | s. 7(2) | s. 8(2) | | --- | --- | | s. 12(4) | s. 16 | | s. 19(2) | s. 20 | | s. 21(1) | | [Section 56 inserted: No. 9 of 2023 s. 114.] ##### 57. Offence on boat etc., master guilty of offence as well etc. (1) The master of a boat on which, or by the use of which, an offence against this Act (in this section referred to as the primary offence) is committed is guilty of an offence against this section punishable on conviction as if it were the primary offence. (2) A person may be convicted of an offence against this section, whether or not the identity of the person who committed the primary offence appears or has appeared from the evidence in the proceedings in respect of the offence against this section or in any other proceedings, but a person shall not be convicted both of an offence against this section and of the primary offence. (3) Sections 54 and 55 apply where a person is convicted of an offence against this section in the same way as they would apply if the person had been convicted of the primary offence. ##### 58. False etc. information to inspector etc., offence A person shall not knowingly furnish false, misleading or inaccurate information — (a) to an inspector; or (b) in, or in connection with, any records kept, returns made or information supplied under this Act; or (c) in, or in connection with, an application for, or for renewal or transfer of, a farm lease, licence or permit. Penalty: $2 000 or, where the information is furnished by the holder of a farm lease, licence or permit, $10 000. ##### 59. Miscellaneous offences A person shall not — (a) without reasonable cause, contravene any direction or requirement of an inspector made under this Act; or (b) obstruct, interfere with or assault an inspector in the exercise of his or her powers under this Act; or (c) impersonate an inspector or forge any document purporting to be a certificate of the kind referred to in section 35(3); or (d) directly or indirectly prevent another person from complying with a direction or requirement made under this Act. Penalty: $20 000. ## Part 9 — Miscellaneous ##### 60. Regulations (Sch. 2) (1) The Governor may make regulations prescribing all matters that are necessary or convenient to be prescribed for giving effect to the purposes of this Act. (2) Without affecting the generality of subsection (1), regulations may be made with respect to any of the matters specified in Schedule 2. (3) The regulations may create offences and provide in respect of any such offence a penalty not exceeding $2 000. ##### 61. Protection from personal liability for Minister and officials A person who is, or has been, the Minister or the CEO or an officer of the Department or an inspector is not personally liable for anything done or omitted in good faith for or in connection with the exercise or purported exercise of any power conferred on him or her by this Act. [Section 61 amended: No. 28 of 2006 s. 241.] ##### 62. Disclosure etc. of information obtained under Act restricted (1) A person shall not, except in accordance with subsection (2), disclose or make use of any information — (a) contained in any record kept, return made or information supplied under this Act by the holder of a farm lease, licence or permit; or (b) furnished, or obtained, in connection with the execution of this Act. Penalty: $1 000. (2) Information referred to in subsection (1) may be disclosed or used — (a) for the purpose of giving effect to the objects of, and in the performance of a duty under, this Act; or (b) with the prior consent in writing of the person to whose activities the information relates; or (c) in circumstances in which that disclosure or use is permitted under this Act; or (d) for the purpose of releasing general information regarding the pearling industry or pearl oyster fisheries. ##### 62A. Delegation by CEO (1) The CEO may delegate to an employee of the Department any power or duty of the CEO under another provision of this Act. (2) The delegation must be in writing signed by the CEO. (3) A person to whom a power or duty is delegated under this section cannot delegate that power or duty. (4) A person exercising or performing a power or duty that has been delegated to the person under this section is to be taken to do so in accordance with the terms of the delegation unless the contrary is shown. (5) Nothing in this section limits the ability of the CEO to perform a function through an officer or agent. [Section 62A inserted: No. 28 of 2006 s. 240.] ##### 63. *Pearling Act 1912* repealed The *Pearling Act 1912* is repealed. ##### 64. Savings and transitional provisions (Sch. 3) The savings and transitional provisions in Schedule 3 shall have effect. [**65.** Omitted under the Reprints Act 1984 s. 7(4)(e).] Schedule 1 — Constitution and proceedings of Committee [s. 40] 1. Term of office of member (1) Subject to this clause, a Committee member shall hold office for such term, not exceeding 3 years, as is specified in his or her instrument of appointment, and is eligible for reappointment. (2) The Minister may grant leave of absence to a Committee member on such terms and conditions as the Minister determines. (3) The Minister may terminate the appointment of a Committee member for inability, inefficiency or misbehaviour. (4) A Committee member may resign office by writing under his or her hand delivered to the Minister. 2. Meetings, times and places for The Committee shall hold meetings at such times and places as are necessary to enable it to discharge its functions under this Act and the Minister may at any time convene a meeting of the Committee. 3. Advisors and subcommittees (1) Any person with special knowledge or experience may be invited to act in an advisory capacity on the Committee if the Committee is of the opinion that that person will assist the Committee in the performance of its functions. (2) The Committee may appoint subcommittees consisting of — (a) Committee members; or (b) both Committee members and persons who are not Committee members; or (c) persons who are not Committee members, to advise the Committee on any matter or class of matters relevant to the performance of the functions of the Committee. (3) The invitation of a person under subsection (1) or the appointment of a subcommittee under subsection (2) does not relieve the Committee members of responsibility for the proper performance of the functions of the Committee. (4) Sections 41 and 42 apply — (a) to a person — (i) invited under subclause (1); or (ii) on a subcommittee appointed under subclause (2) who is not a Committee member, as if that person were a Committee member; and (b) in respect of a person on a subcommittee appointed under subclause (2) as if a reference to the Committee were a reference to the subcommittee. 4. Procedure of Committee and subcommittee Subject to this Act, the Committee shall determine its own procedure and that of any subcommittee appointed under clause 3(2). Schedule 2 — Matters with respect to which regulations may be made [s. 60] 1. The requirements for holding a licence or permit. 2. The requirements for the transfer of quotas under section 32(5), including providing for the surrender of part of a quota on any such transfer. 3. The records to be kept, returns to be made and information to be supplied by the holder of a farm lease, licence or permit and the manner of that supply, whether by radio, post or otherwise. 4. The duties and obligations of the holder of a farm lease, licence or permit. 5. Regulating the methods, equipment (other than diving equipment) and containers to be used for pearling or hatchery activities and the times and conditions under which pearling and hatchery activities may take place. 6. The use and identification of equipment (other than diving equipment) and containers to be used for pearling or hatchery activities. 7. Limiting the purposes for which pearl oysters or pearl oyster spat may be used. 8. The identification, by marker buoys or otherwise, of an area of waters, including a pearl oyster farm, that the holder of a farm lease, licence or permit is authorised to use under this Act. 9. The identification of pearl oysters. 10. Fees for the purposes of this Act, other than fees for applications to the State Administrative Tribunal, including — (a) differential and periodic fees; and (b) allowing the payment of fees by instalments; and (c) providing for the payment of a surcharge if the payment of any fee is made by instalments. 11. Forms to be used for the purposes of this Act. [Schedule 2 amended: No. 55 of 1998 s. 6; No. 55 of 2004 s. 908.] Schedule 3 — Savings and transitional provisions [s. 64] 1. Terms used In this Schedule — repeal time means the commencement of section 63; repealed Act means the Act repealed by section 63. 2. Ship licences in force at 1 Jan 1991 A ship licence issued under the repealed Act and in force immediately before the repeal time shall be deemed to be a pearl boat licence for the purposes of this Act and, subject to this Act, shall continue in force until the day on which the term of that ship licence would have expired under the repealed Act. 3. Diver’s licences in force at 1 Jan 1991 A diver’s licence issued under the repealed Act and in force immediately before the repeal time shall be deemed to be a pearl diver’s licence for the purposes of this Act and, subject to this Act, shall continue in force until the day on which the term of that diver’s licence would have expired under the repealed Act. 4. Exclusive licences in force at 1 Jan 1991 (1) The CEO shall, before the repeal time, consider the rights conferred by the repealed Act on the holder of each exclusive licence issued under the repealed Act and in force immediately before the repeal time and determine whether that exclusive licence should be deemed to be a pearling licence or hatchery licence or both and shall, at or immediately after the repeal time, serve notice of that determination on that holder. (2) On the service under subclause (1) of notice of a determination on the holder of an exclusive licence referred to in that subclause, that exclusive licence shall — (a) be deemed to be a pearling licence or hatchery licence or both in accordance with the determination; and (b) subject to this Act, continue in force until the day on which the term of that exclusive licence would have expired under the repealed Act. (3) The area defined under section 35 of the repealed Act in an exclusive licence issued under the repealed Act shall be deemed to be a pearl oyster farm for the purposes of this Act and, subject to this Act, shall continue in force until the day on which the term of that exclusive licence would have expired under the repealed Act, and, in relation to the pearl oyster farm, that exclusive licence shall operate as a farm lease. (4) Subclause (3) applies notwithstanding that an area defined under section 35 of the repealed Act in an exclusive licence issued under the repealed Act exceeds 4 square nautical miles. [Clause 4 amended: No. 28 of 2006 s. 241.] 5. Pearling licences and hatchery licences held at 1 Jan 1991, renewing Notwithstanding section 24, the CEO shall not have regard to any policy statement issued by the Minister under section 24 in exercising the powers conferred on him under section 27(4) with respect to the renewal by a person of a pearling licence, hatchery licence or pearl boat licence held by the person at the repeal time. [Clause 5 amended: No. 28 of 2006 s. 241.] 6. Quota imposed before arrangement (1) Where a person who held a licence that was in force immediately before the commencement of an arrangement was authorised at that time under the *Continental Shelf (Living Natural Resources) Act 1968* 2 of the Commonwealth to take pearl oysters on a condition imposed in respect of waters managed after that commencement in accordance with the law of the State under that arrangement, that condition shall be deemed to be a condition imposed on the licence, or licences, that the person holds, or is deemed to hold, under clause 4(2) until, subject to this Act, the period of time specified as part of that condition elapses. (2) A condition imposed under the Commonwealth Act referred to in subclause (1) in respect of any period of time during the 3 years immediately before the commencement of an arrangement shall be deemed to be a condition in respect of the quota of pearl oysters that may be taken under a licence or permit for the purposes of section 8(5) of this Act. (3) In this clause — arrangement means arrangement made under Part IIA of the *Fisheries Act 1905* 1 for the management of a pearl oyster fishery (as defined in section 43 of this Act) in accordance with the law of the State; condition means condition that no more than a certain number of pearl oysters are to be taken during a specified period of time; licence means exclusive licence issued under the repealed Act or pearling licence or hatchery licence issued under this Act. ![dline]() Notes This is a compilation of the *Pearling Act 1990* and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table. For provisions that have not yet come into operation see the uncommenced provisions table. Compilation table | **Short title** | **Number and year** | **Assent** | **Commencement** | | --- | --- | --- | --- | | *Pearling Act 1990* | 88 of 1990 | 17 Dec 1990 | s. 1 and 2: 17 Dec 1990; Act other than s. 1 and 2: 1 Jan 1991 (see s. 2 and *Gazette* 21 Dec 1990 p. 6199) | | *Financial Administration Legislation Amendment Act 1993* s. 11 | 6 of 1993 | 27 Aug 1993 | 1 Jul 1993 (see s. 2(1)) | | *Land (Titles and Traditional Usage) Act 1993* s. 45 | 21 of 1993 | 2 Dec 1993 | 2 Dec 1993 (see s. 2) | | *Pearling Amendment Act 1994* 3 | 23 of 1994 | 22 Jun 1994 | s. 1 and 2: 22 Jun 1994; Act other than s. 1 and 2: 3 Feb 1995 (see s. 2 and *Gazette* 20 Jan 1995 p. 203) | | *Acts Amendment and Repeal (Native Title) Act 1995* Pt. 10 | 52 of 1995 | 24 Nov 1995 | 9 Dec 1995 (see s. 2 and *Gazette* 8 Dec 1995 p. 5935) | | *Sentencing (Consequential Provisions) Act 1995* Pt. 62 | 78 of 1995 | 16 Jan 1996 | 4 Nov 1996 (see s. 2(1) and *Gazette* 25 Oct 1996 p. 5632) | | *Financial Legislation Amendment Act 1996* s. 64 | 49 of 1996 | 25 Oct 1996 | 25 Oct 1996 (see s. 2(1)) | | *Acts Amendment (Marine Reserves) Act 1997* Pt. 7 | 5 of 1997 | 10 Jun 1997 | 29 Aug 1997 (see s. 2 and *Gazette* 29 Aug 1997 p. 4867) | | *Pearling Amendment Act 1998* | 55 of 1998 | 14 Dec 1998 | 14 Dec 1998 (see s. 2) | | **Reprint of the *Pearling Act 1990* as at 3 Nov 2000** (includes amendments listed above) | | | | | *Acts Amendment (Australian Datum) Act 2000* s. 6 | 54 of 2000 | 28 Nov 2000 | 8 Nov 2003 (see s. 2 and *Gazette* 2 Sep 2003 p. 3923) | | *State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004* Pt. 2 Div. 95 4, 5 | 55 of 2004 | 24 Nov 2004 | 1 Jan 2005 (see s. 2 and *Gazette* 31 Dec 2004 p. 7130) | | *Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004* s. 80 | 84 of 2004 | 16 Dec 2004 | 2 May 2005 (see s. 2 and *Gazette* 31 Dec 2004 p. 7129 (correction in *Gazette* 7 Jan 2005 p. 53)) | | *Machinery of Government (Miscellaneous Amendments) Act 2006* Pt. 8 Div. 4 | 28 of 2006 | 26 Jun 2006 | 1 Jul 2006 (see s. 2 and *Gazette* 27 Jun 2006 p. 2347) | | **Reprint 2: The *Pearling Act 1990* as at 6 Oct 2006** (includes amendments listed above) | | | | | *Financial Legislation Amendment and Repeal Act 2006* s. 4 and Sch. 1 cl. 120 | 77 of 2006 | 21 Dec 2006 | 1 Feb 2007 (see s. 2(1) and *Gazette* 19 Jan 2007 p. 137) | | *Standardisation of Formatting Act 2010* s. 4 | 19 of 2010 | 28 Jun 2010 | 11 Sep 2010 (see s. 2(b) and *Gazette* 10 Sep 2010 p. 4341) | | *Public Sector Reform Act 2010* s. 89 | 39 of 2010 | 1 Oct 2010 | 1 Dec 2010 (see s. 2(b) and *Gazette* 5 Nov 2010 p. 5563) | | *Personal Property Securities (Consequential Repeals and Amendments) Act 2011* Pt. 7 Div. 2 | 42 of 2011 | 4 Oct 2011 | 30 Jan 2012 (see s. 2(c) and Cwlth Legislative Instrument No. F2011L02397 cl. 5 registered 21 Nov 2011) | | **Reprint 3: The *Pearling Act 1990* as at 1 Jun 2012** (includes amendments listed above) | | | | | *Directors’ Liability Reform Act 2023* Pt. 3 Div. 45 | 9 of 2023 | 4 Apr 2023 | 5 Apr 2023 (see s. 2(j)) | Uncommenced provisions table To view the text of the uncommenced provisions see *Acts as passed* on the WA Legislation website. | **Short title** | **Number and year** | **Assent** | **Commencement** | | --- | --- | --- | --- | | *Aquatic Resources Management Act 2016* s. 268 and Pt. 18 Div. 1 and 3 | 53 of 2016 | 29 Nov 2016 | To be proclaimed (see s. 2(b)) | Other notes 1 Repealed by the *Fish Resources Management Act 1994*. 2 Repealed by the *Fisheries Legislation (Consequential Provisions) Act 1991* of the Commonwealth. 3 The *Pearling Amendment Act 1994* s. 6 reads as follows: 6. Savings (1) Nothing in this Act affects the continued operation of — (a) any arrangement in force immediately before the commencement of this Act; (b) anything done under an arrangement before the commencement of the Act; or (c) anything done by a Joint Authority before the commencement of this Act. (2) In this section, ***arrangement*** and ***Joint Authority*** have the same respective meanings as in Part IIA of the *Fisheries Act 1905* (as in force immediately before the commencement of the *Fisheries Amendment Act 1994*). 4 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.