Western Australian Current Regulations

FISH RESOURCES MANAGEMENT REGULATIONS 1995 - REG 38O

38O .         Possession of marron during non‑possession period

        (1)         A person must not be in possession of any marron during the non‑possession period except on private land owned or occupied by the person.

        Penalty: For a first offence $5 000 or, for a second or subsequent offence, $10 000 and, for any offence, the penalty provided in section 222 of the Act.

        (2)         It is a defence in proceedings for an offence against subregulation (1) for the person charged to prove that the marron in his or her possession —

            (a)         had been sold by retail to the public, or were at any place for the purpose of being sold by retail to the public, or served as meals to the public, in, on or from the place; or

            (b)         were being, or had been, kept, bred, hatched or cultured in accordance with an aquaculture licence; or

            (c)         were at a place specified in a fish processor’s licence under section 83(2) of the Act for the purpose of being processed in accordance with the licence.

        (3)         In this regulation —

        non‑possession period , in any year, means the closed season in that year other than the first 12 hours after the end of the period referred to in the definition of closed season in regulation 38G.

        [Regulation 38O inserted: Gazette 29 Dec 2000 p. 7973; amended: Gazette 29 Dec 2006 p. 5890; 13 Oct 2009 p. 4032.]