Inland Fisheries Amendment Act 1999

Inland Fisheries Amendment Act 1999

An Act to amend the Inland Fisheries 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 Inland Fisheries Amendment Act 1999 .

2.   Commencement

This Act commences on a day to be proclaimed.

3.   Principal Act

In this Act, the Inland Fisheries Act 1995 is referred to as the Principal Act.

4.    Section 3 amended (Interpretation)

Section 3 of the Principal Act is amended as follows:

(a) by omitting the definition of Associate Commissioner ;

(b) by omitting the definitions of Commission and Commissioner ;

(c) by inserting the following definition after the definition of controlled fish :

Council means the Inland Fisheries Advisory Council established under section 20A ;

(d) by inserting the following definition after the definition of declared fish :

Director means the Director of Inland Fisheries appointed under section 11 ;

(e) by inserting the following definition after the definition of salmon :

salmon fishery means a fishery relating to salmon that occur in inland waters;

5.    Section 9 repealed

Section 9 of the Principal Act is repealed.

6.    Part 2 substituted

Part 2 of the Principal Act is repealed and the following Part is substituted:

PART 2 - Director and Council

Division 1 - Director of Inland Fisheries

11.   Appointment of Director

(1)  The Minister may appoint a person employed under the Tasmanian State Service Act 1984 to be Director of Inland Fisheries.

(2)  A person appointed as Director of Inland Fisheries may hold that office in conjunction with a position or an office under the Tasmanian State Service Act 1984 .

12.   Corporation sole

(1)  The Director is a corporation sole with the corporate name of "Director of Inland Fisheries".

(2)  The Director –

(a) has perpetual succession and a common seal; and

(b) may sue and be sued in the corporate name; and

(c) may acquire, hold, dispose of and otherwise deal with property.

(3)  All courts, judges and persons acting judicially are to –

(d) take judicial notice of the common seal of the Director affixed to any document; and

(e) assume that it was duly affixed.

13.   General powers and functions of Director

(1)  The Director has the following functions:

(a) to manage, control, protect, develop, improve, maintain and regulate salmon fisheries, fisheries in inland waters and freshwater fish;

(b) to stock inland waters with fish;

(c) to create, improve and maintain access to inland waters;

(d) to provide facilities in respect of access to inland waters;

(e) to carry out research and investigation into matters relating to salmon fisheries and fisheries in inland waters;

(f) to collect, publish and disseminate information relating to freshwater fish and inland waters.

(2)  The Director may do anything necessary or convenient to perform any function under this Act.

(3)  The Minister may give directions to the Director relating to the Director's functions and the Director is to comply with those directions.

14.   Contracts and arrangements

For the purpose of this Act, the Director may –

(a) enter into any contract or agreement with any person or body; or

(b) make any arrangement with any person or body.

15.   Assistance

The Director may give assistance to any person or body by way of a grant or loan or otherwise for any purpose consistent with this Act.

16.   Funds of Director

(1)  The funds of the Director consist of –

(a) any money appropriated by Parliament for the purpose of this Act; and

(b) any fees payable under this Act; and

(c) any money received from the sale of anything forfeited to and sold by the Director; and

(d) any other money received by the Director from any other source.

(2)  One-half of any money received by way of penalties under this Act is payable to the Director.

(3)  The Director must apply the funds for the following purposes:

(a) the payment of expenses, charges and obligations incurred in the administration of this Act;

(b) the provision of financial or other assistance for the purpose of this Act;

(c) the payment of remuneration payable to persons employed under section 19 (1) .

(4)  The Director may invest any of its funds –

(a) in accordance with section 6 of the Trustee Act 1898 ; or

(b) in any other manner the Treasurer approves.

17.   Accounts and audit

(1)  The Director may establish any account in any financial institution.

(2)  The Financial Management and Audit Act 1990 applies to the Director as if the Director were an Agency within the meaning of that Act.

18.   Delegation

(1)  The Director, in writing, may delegate to any person or body any function or power, other than this power of delegation.

(2)  The Secretary, in writing, may delegate to any person or body any function or power, other than this power of delegation.

19.   Employees

Subject to and in accordance with the Tasmanian State Service Act 1984 , persons may be appointed or employed for the purpose of this Act.

20.   Officers

(1)  The Secretary may appoint a person employed under section 19 as an officer for the purpose of this Act.

(2)  The Secretary may make arrangements with the Head of an Agency, within the meaning of the Tasmanian State Service Act 1984 , for any employee in that Agency to be appointed as an officer for the purpose of this Act.

(3)  A person appointed under subsection (2) may hold office as an officer in conjunction with an office or a position in the State Service.

(4)  The Director is to issue to an officer an identity card in an approved form.

Division 2 - Inland Fisheries Advisory Council

20A.   Inland Fisheries Advisory Council

(1)  The Inland Fisheries Advisory Council is established.

(2)  The Council consists of not more than 11 persons appointed by the Minister of whom –

(a) one is a person representing the interests of freshwater angling associations; and

(b) 3 are persons holding angling licences, each of whom represents one of the following:

(i) the northern area;

(ii) the north-western area;

(iii) the southern area; and

(c) one is a person representing the interests of freshwater commercial fisheries; and

(d) one is a person with expertise in the area of conservation of freshwater ecosystems; and

(e) one is a person with expertise in the area of tourism relating to inland fisheries; and

(f) one is the Director; and

(g) one is the chairperson; and

(h) not more than 2 are persons with expertise the Minister considers appropriate.

(3)  Schedule 3 has effect with respect to membership and meetings of the Council.

20B.   General functions and powers of Council

(1)  The Council has the following functions:

(a) to advise the Minister on any matter under this Act;

(b) to advise the Minister on any matters referred to it by the Minister;

(c) to provide a forum for consultation on policy matters;

(d) to advise the Minister on the functions of the Director as they relate to public expectations;

(e) to promote understanding and acceptance of the functions of the Director;

(f) to encourage community support for fisheries management activities;

(g) to review management plans for inland fisheries.

(2)  The Council may do anything necessary or convenient to perform its functions.

7.    Section 32 amended (Renewal of commercial licence)

Section 32 of the Principal Act is amended as follows:

(a) by omitting from subsection (3) "its power under subsection (2) , the Commission" and substituting "any power under subsection (2) , the Director";

(b) by omitting subsection (4) and substituting the following subsection:

(4)  The Director may impose any condition on the renewed licence the Director determines.

8.    Section 37 amended (Angling licence)

Section 37 of the Principal Act is amended as follows:

(a) by inserting in subsection (5) "to a person authorised under subsection (7) " after "apply";

(b) by inserting the following subsections after subsection (6) :

(7)  The Director may authorise a person to issue angling licences.

(8)  A person authorised under subsection (7) is to issue an angling licence to an applicant on receipt of the application and payment of the prescribed fee.

9.    Section 38 amended (Whitebait licence)

Section 38 of the Principal Act is amended as follows:

(a) by inserting in subsection (3) "to a person authorised under subsection (5) " after "apply";

(b) by inserting the following subsections after subsection (4) :

(5)  The Director may authorise a person to issue whitebait licences.

(6)  A person authorised under subsection (5) is to issue a whitebait licence to an applicant on receipt of the application and payment of the prescribed fee.

10.    Section 112 amended (Forfeiture if owner is not found)

Section 112 of the Principal Act is amended by omitting subsection (1) and substituting the following subsection:

(1)  The Director may determine that anything seized under section 107 for which an owner is not found is forfeited to the Director.

11.    Section 113 amended (Sale or disposal)

Section 113 of the Principal Act is amended by omitting subsection (1) and substituting the following subsection:

(1)  The Director may sell, destroy or otherwise dispose of anything forfeited under this Act.

12.    Section 115 amended (Release of seized property)

Section 115(1) of the Principal Act is amended by omitting "The Commission may authorise the release of any thing seized but not forfeited to it" and substituting "The Director may authorise the release of anything seized but not forfeited".

13.    Section 119 amended (Form of infringement notice)

Section 119(1)(b)(iv) of the Principal Act is amended by omitting "court of petty sessions" and substituting "place".

14.    Section 120 repealed

Section 120 of the Principal Act is repealed.

15.    Section 122 amended (Payment by instalments)

Section 122 of the Principal Act is amended as follows:

(a) by omitting from subsection (1)(b) "60" and substituting "63";

(b) by omitting from subsection (4) "60" and substituting "63".

16.    Section 155 amended (Offences relating to fauna reserves)

Section 155(a) of the Principal Act is amended by omitting "Commission's" and substituting "Director's".

17.    Section 185 amended (Penalties)

Section 185(e) of the Principal Act is amended as follows:

(a) by omitting from subparagraph (ii) "offence; and" and substituting "offence; or";

(b) by inserting the following subparagraph after subparagraph (ii) :

(iii) each 500 grams of fish or fish of any kind or species bought or sold in connection with the commission of the offence or in the possession of any person committing the offence; and

18.    Schedule 3 substituted

Schedule 3 to the Principal Act is repealed and the following Schedule is substituted:

SCHEDULE 3 - Membership and Meetings of Council

Section 20A(3)

1.   Interpretation

In this Schedule –

chairperson means the chairperson of the Council;

member means a member of the Council.

2.   Period of appointment

(1) A member, other than the Director, is to be appointed for a period, not exceeding 4 years, as specified in the instrument of appointment.

(2) The Director is taken to be an employee within the meaning of the Retirement Benefits Act 1993 .

3.   Holding other office

(1) The holder of an office who is required under any Act to devote the whole of the time to the duties of that office is not disqualified from –

(a) holding that office and also the office of a member; or

(b) accepting any remuneration payable to a member.

(2) If an employee, within the meaning of the Tasmanian State Service Act 1984 , is appointed as a member, the person retains all existing and accruing rights as if service as a member were within the meaning of that Act.

4.   Remuneration

A member is entitled to be paid any remuneration and travelling and subsistence allowances the Minister determines.

5.   Vacation of office

(1) A member vacates office if the member –

(a) dies; or

(b) resigns; or

(c) is removed from office under subclause (2) or (3) .

(2) The Minister may remove a member from office if the member –

(a) is absent from 3 consecutive meetings of the Council without the permission of the Council; or

(b) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of any remuneration or estate for their benefit; or

(c) is convicted, in Tasmania or elsewhere, of a crime or an offence punishable by imprisonment for 12 months or longer.

(3) The Minister may remove a member from office if satisfied that the member –

(a) is permanently unable to perform adequately or competently the duties of office; or

(b) no longer has the qualifications as necessary to be appointed as a member.

6.   Filling of vacancies

If the office of a member becomes vacant, the Minister may appoint a person to the vacant office for the remainder of that member's term of office.

7.   Meetings of Council

(1) The chairperson or any other 2 members may convene a meeting of the Council.

(2) The Council is to meet at least 4 times a year.

8.   Procedure at meetings

(1) The quorum at any duly convened meeting of the Council is 6 members, one of whom must be the chairperson.

(2) Any duly convened meeting of the Council at which a quorum is present is competent to transact any business of the Council.

(3) A question arising at a meeting of the Council is to be determined by a majority of votes of the members present and voting.

9.   Chairperson

(1) The chairperson is to preside at all meetings of the Council.

(2) If the chairperson is not present at a meeting of the Council, a member elected by the members present is to preside at that meeting.

10.   Minutes

(1) The Council is to keep minutes of the –

(a) proceedings at the meetings; and

(b) attendance of members at the meetings.

(2) Minutes kept of a meeting are to be signed by the chairperson at the next meeting.

11.   General procedure

Subject to this Schedule, the procedure for the calling of, and for the conduct of business at, meetings of the Council is to be determined by the Council.

12.   Validity of proceedings

(1) An act or proceeding of the Council or of a person acting under the direction of the Council is not invalid by reason only that at the time when the act or proceeding was done, taken or commenced there was a vacancy in the membership of the Council.

(2) An act or proceeding of the Council or of a person acting under the direction of the Council is valid even if –

(a) the appointment of a member was defective; or

(b) a person appointed as a member was disqualified from acting as, or incapable of being, such a member.

19.    Schedule 4 repealed

Schedule 4 to the Principal Act is repealed.

20.   Substitution of "Commission" with "Director"

Each of the provisions of the Principal Act specified in Column 1 of Schedule 1 is amended by omitting "Commission" on the number of occurrences specified in Column 2 of that Schedule and substituting "Director".

21.   Substitution of "Commissioner" with "Director"

Each of the provisions of the Principal Act specified in Column 1 of Schedule 2 is amended by omitting "Commissioner" on the number of occurrences specified in Column 2 of that Schedule and substituting "Director".

22.   Substitution of "it" with "the Director"

Each of the provisions of the Principal Act specified in Column 1 of Schedule 3 is amended by omitting "it" on the number of occurrences specified in Column 2 of that Schedule and substituting "the Director".

SCHEDULE 1 - Substitution of "Commission" with "Director"

Section 20

SCHEDULE 2 - Substitution of "Commissioner" with "Director"

Section 21

SCHEDULE 3 - Substitution of "it" with "the Director"

Section 22

[Second reading presentation speech made in:

House of Assembly on 1 DECEMBER 1999

Legislative Council on 2 DECEMBER 1999]