After section 197B of the Principal Act , the following section is inserted in Division 9:

197C.     Validation of royalties and fees

(1)  In this section –

amending Act means the Inland Fisheries Amendment (Royalties) Act 2019 ;

commercial freshwater fishing licence (eel) means a commercial freshwater fishing licence that authorises the taking of eel;

eel royalty means an amount paid under the former regulations by the holder of a commercial freshwater fishing licence (eel) –

(a) on the renewal of that licence; and

(b) for each kilogram of fish caught under the authority of that licence during the previous year;

fish farm licence fee means an amount paid under the former regulations by the holder of a fish farm licence in respect of the issue or renewal of that licence where the amount paid was based on –

(a) megalitres of commissional water rights; or

(b) each megalitre of a water allocation on a licence under the Water Management Act 1999 ;

former regulations means the following regulations:

(a) the Inland Fisheries Regulations 1996 ;

(b) the Inland Fisheries (Commercial Nets and Fees) Regulations 1999 ;

(c) the Inland Fisheries (General) Regulations 2009 .

(2)  An eel royalty, or fish farm licence fee, prescribed, and collected by the Director, before the commencement of the amending Act is not invalid solely on the basis that the provisions of the former regulations that purportedly prescribed such a royalty, or fee, were invalid.

(3)  No action lies against the Crown in right of Tasmania, or the Director, in relation to any loss incurred by a person if the loss is only incurred as a consequence of the imposition or the payment of an eel royalty or a fish farm licence fee, that, but for this section, would not have been validly imposed or collected.