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TASMANIA
__________
MARINE FARMING PLANNING AMENDMENT
BILL 2006
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 73 amended (Transfer of lease)
5. Section 87 amended (Undertaking of survey)
6. Section 121 amended (Demerit point by penalty)
7. Section 122 repealed
8. Section 123 substituted
123. Period of demerit point
9. Section 124 amended (Disqualification from obtaining lease)
10. Section 142 amended (Surveys)
[Bill 43]-III
2
MARINE FARMING PLANNING AMENDMENT
BILL 2006
(Brought in by the Minister for Primary Industries and Water,
the Honourable David Edward Llewellyn)
A BILL FOR
An Act to amend the Marine Farming Planning Act 1995
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Marine Farming
Planning Amendment Act 2006.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
3. Principal Act
In this Act, the Marine Farming Planning Act
1995* is referred to as the Principal Act.
*No. 31 of 1995
THIS BILL IS COGNATE WITH THE LIVING MARINE RESOURCES MANAGEMENT
(MISCELLANEOUS AMENDMENTS) BILL 2006
[Bill 43] 3
Marine Farming Planning Amendment Act 2006
Act No. of
s. 4
4. Section 73 amended (Transfer of lease)
Section 73 of the Principal Act is amended as
follows:
(a) by omitting from subsection (2) "An"
and substituting "The";
(b) by omitting from subsection (3)(a) "a
lease" and substituting "the lease";
(c) by inserting in subsection (3)(b) "of the
lease" after "transfer";
(d) by omitting subsections (4) and (5) and
substituting the following subsections:
(4) However, if the lessee holds a
marine farming licence
authorising the lessee to carry on
marine farming in respect of the
lease area, the Minister is not to
approve the transfer of the lease
unless the Minister has already
agreed to the transfer of the
marine farming licence.
(5) If the Minister approves the
transfer of the lease, it is
transferred subject to the same
conditions and restrictions that it
was subject to immediately
before the transfer unless the
Minister varies them under this
Part.
4
Marine Farming Planning Amendment Act 2006
Act No. of
s. 4
(e) by omitting from subsection (6) "a lease"
and substituting "the lease";
(f) by omitting from subsection (6) "must"
and substituting "is to";
(g) by inserting the following subsection
after subsection (6):
(7) For the avoidance of doubt -
(a) no approval for the
transfer of a lease given
under subsection (3)(a)
before the commencement
of the Marine Farming
Planning Amendment Act
2006 is to be taken as
having been invalid by
reason only that the
Minister had not already
agreed to the transfer of a
marine farming licence
authorising the transferor
of the lease to carry on
marine farming in respect
of the lease area; and
(b) no transfer of a lease
effected pursuant to this
section before the
commencement of the
Marine Farming Planning
Amendment Act 2006 is to
be taken as having been
5
Marine Farming Planning Amendment Act 2006
Act No. of
s. 5
invalid by reason only
that -
(i) the transfer of the
lease was
approved by the
Minister before he
or she had agreed
to the transfer of a
marine farming
licence authorising
the transferor of
the lease to carry
on marine farming
in respect of the
lease area; and
(ii) the lease was not
transferred in
conjunction with
such a marine
farming licence.
5. Section 87 amended (Undertaking of survey)
Section 87 of the Principal Act is amended by
omitting subsections (6) and (7) and substituting
the following subsection:
(6) Section 302 of the Living Marine
Resources Management Act 1995 is
incorporated with this section.
6
Marine Farming Planning Amendment Act 2006
Act No. of
s. 6
6. Section 121 amended (Demerit point by penalty)
Section 121 of the Principal Act is amended by
inserting "by a court" after "convicted".
7. Section 122 repealed
Section 122 of the Principal Act is repealed.
8. Section 123 substituted
Section 123 of the Principal Act is repealed and
the following section is substituted:
123. Period of demerit point
A demerit point allocated under this
Division remains in force for a period of
5 years from the date of the conviction
that causes the demerit point to be
allocated.
9. Section 124 amended (Disqualification from
obtaining lease)
Section 124 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)(a)
"during a period of 5 years referred to in
section 123";
7
Marine Farming Planning Amendment Act 2006
Act No. of
s. 10
(b) by omitting from subsection (1)(b)
"during that period";
(c) by omitting from subsection (1)(c)(i)
"during that period";
(d) by omitting from subsection (1)(c)(ii)
"during that period";
(e) by inserting in subsection (4) ", to a
person who is not their associate," after
"transfer";
(f) by inserting the following subsection
after subsection (5):
(6) In this section -
"allocated" means allocated
under this Division on one
day;
"associate" has the same
meaning as in section 82
of the Living Marine
Resources Management
Act 1995.
10. Section 142 amended (Surveys)
Section 142 of the Principal Act is amended by
omitting "authorised survey within the meaning
of the Land Surveyors Act 1909" and substituting
"survey within the meaning of the Surveyors Act
2002".
8 Government Printer, Tasmania