Living Marine Resources Management Amendment Act 2017

Living Marine Resources Management Amendment Act 2017

An Act to amend the Living Marine Resources Management Act 1995

Be it enacted by Her 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 Living Marine Resources Management Amendment Act 2017 .

2.   Commencement

This Act commences on the day on which this Act receives the Royal Assent.

3.   Principal Act

In this Act, the Living Marine Resources Management Act 1995 is referred to as the Principal Act.

4.    Section 40 amended (Miscellaneous matters)

Section 40 of the Principal Act is amended as follows:

(a) by omitting from subsection (2) "Minister, by public notice," and substituting "Minister";

(b) by inserting the following subsection after subsection (2) :

(3)  If the rules provide for the Minister to make a determination, the rules must specify how that determination is to be notified.

5.    Section 255A inserted

After section 255 of the Principal Act , the following section is inserted in Division 8:

255A.   Possession and use of trawl nets

(1)  In this section –

board trawl net means a funnel-shaped, or cone-shaped, net that –

(a) uses trawl doors or otter boards to assist in holding the net mouth open when towed through the water; and

(b) ends with a bag or cod end; and

(c) when in use, is towed by a fishing vessel;

pair trawl net means a funnel-shaped, or cone-shaped, net that –

(a) has a mouth that, when towed through the water, is held open by warps or lines that are connected to 2 fishing vessels; and

(b) ends with a bag or cod end; and

(c) when in use, is towed by 2 fishing vessels;

trawl net means the following nets:

(a) board trawl net;

(b) pair trawl net.

(2)  A person must not be in possession of a trawl net on a fishing vessel in State waters, unless the possession of the trawl net on that fishing vessel is authorised under the law of another jurisdiction.

Penalty:  Fine not exceeding 5 000 penalty units or imprisonment for a term not exceeding 2 years, or both.

(3)  A person must not use a trawl net in State waters.

Penalty:  Fine not exceeding 5 000 penalty units or imprisonment for a term not exceeding 2 years, or both.

6.    Section 279 amended (Industry levy)

Section 279 of the Principal Act is amended by inserting after subsection (2) the following subsection:

(2A)  The amount of levy determined to be payable under subsection (2) may be expressed in fee units as if it were a fee within the meaning of the Fee Units Act 1997 .

7.   Repeal of Act

This Act is repealed on the three hundred and sixty fifth day from the day on which it commences.

[Second reading presentation speech made in:

House of Assembly on 11 APRIL 2017

Legislative Council on 23 MAY 2017]