Western Australian Current Acts

PEARLING ACT 1990

TABLE OF PROVISIONS

           Long Title

   PART 1 -- Preliminary  

   1.      Short title
            
   2.      Commencement
            
   3.      Terms used
            
   4.      Positions on Earth, determining
            
   5.      Zones, declaring
            
   6.      Species of pearl oysters to which Act applies, declaration of

   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
            
   8.      Conditions on licences etc., contravening
            
   9.      Offence under s. 8, penalty if condition relates to quota
            
   10.     Offence under s. 8, penalty if condition relates to area
            
   11.     Number of pearl oysters taken under licence etc., calculating
            
   12.     Hatchery produced pearl oysters not to be sold without CEO’s approval, offence

           Division 2 -- Other licences  

   13.     Pearl diver’s licence, when required
            
   14.     Pearl boat licence, when required
            
   15.     Pearl boat master’s licence, when required

           Division 3 -- Pearl oyster farms  

   16.     Pearl oysters and pearl oyster spat to be moved to pearl oyster farm
            
   17.     Excluding people from pearl oyster farms
            
   18.     Pearls, pearl oysters and pearl oyster spat used for pearling or hatchery activities are property of farm lease holder

           Division 4 -- General  

   19.     Pearling and hatchery activities, Minister may prohibit or restrict
            
   20.     Pearling or hatchery activities, interfering with
            
   21.     Undersized and oversized pearl oysters not to be taken

   PART 3 -- Farm leases, licences and permits

           Division 1 -- Application and issue  

   22.     Farm leases etc., application for issue etc. of
            
   23.     Farm leases etc., issue of
            
   23A.    Farm leases etc. in marine reserves, issue of prohibited or limited
            
   24.     Policy guidelines, Minister may issue
            
   25.     Farm leases etc., duration of
            
   26.     Licences and permits, conditions on
            
   27.     Farm leases etc., annual fees for
            
   27A.    Farm leases in marine reserves, renewal of limited
            
   27B.    Licences and permits in marine reserves, renewal of limited

           Division 2 -- Cancellation, suspension, surrender and transfer  

   28.     Licences and permits, cancellation etc. of
            
   29.     Pearling licence, hatchery licence or permit, automatic cancellation of on 3rd s. 8 offence in 10 years
            
   30.     Farm lease, cancellation of
            
   31.     Cancelled farm lease, pearl oysters etc. to be removed from; consequences of non-removal
            
   32.     Farm leases etc. not transferable; exceptions

   PART 4 -- Review  

   33.     Certain decisions by CEO, review of by SAT
            
   34.     Application for SAT review, effect of on CEO’s decision

   PART 5 -- Inspection  

   35.     Inspectors, appointing etc.
            
   36.     Inspectors, powers of
            
   37.     Inspector may require master of pearl boat etc. to transport inspector etc.

   PART 6 -- Pearling Industry Advisory Committee  

   38.     Committee established and functions of
            
   39.     Members of Committee
            
   40.     Constitution and proceedings of Committee (Sch. 1)
            
   41.     Remuneration and allowances for members
            
   42.     Protection from personal liability for members

   PART 7 -- Commonwealth-State management of pearl oyster fisheries  

   43.     Terms used
            
   44.     Application of Act to pearl oyster fishery if, under arrangement, State law applies
            
   45.     Functions of Joint Authority if, under arrangement, State law applies
            
   46.     Joint Authority pearl oyster fishery, provisions as to licences etc. for
            
   47.     Joint Authority pearl oyster fishery, application of offence and enforcement provisions to
            
   48.     Pearl oyster fishery managed by Joint Authority, regulations for and notice of
            
   49.     Powers before arrangement takes effect, on termination of arrangement and before termination takes effect
            
   50.     Delegation by Joint Authority etc.
            
   51.     Policy statement, Joint Authority may issue

   PART 8 -- Proceedings for offences  

   52.     Prosecutions, commencing
            
   53.     Evidentiary provisions
            
   54.     Seized property, forfeiture of on conviction
            
   55.     Seized pearl oyster and pearl oyster spat, dealing with
            
   56.     Liability of officers for offence by body corporate
            
   57.     Offence on boat etc., master guilty of offence as well etc.
            
   58.     False etc. information to inspector etc., offence
            
   59.     Miscellaneous offences

   PART 9 -- Miscellaneous  

   60.     Regulations (Sch. 2)
            
   61.     Protection from personal liability for Minister and officials
            
   62.     Disclosure etc. of information obtained under Act restricted
            
   62A.    Delegation by CEO
            
   63.     Pearling Act 1912 repealed
            
   64.     Savings and transitional provisions (Sch. 3)
           SCHEDULE 1 -- Constitution and proceedings of Committee  
           SCHEDULE 2 -- Matters with respect to which regulations may be made
           SCHEDULE 3 -- Savings and transitional provisions