Inland Fisheries Amendment (Royalties) Act 2019
An Act to amend the Inland Fisheries Act 1995
[Royal Assent 12 December 2019]
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:
This Act may be cited as the Inland Fisheries Amendment (Royalties) Act 2019 .
This Act commences on the day on which this Act receives the Royal Assent.
In this Act, the Inland Fisheries Act 1995 is referred to as the Principal Act.
4. Section 16 amended (Funds of Director)
Section 16(1)(b) of the Principal Act is amended by inserting "and royalties" after "fees".
5. Section 194 amended (Regulations relating to fees, charges and royalties)
Section 194 of the Principal Act is amended as follows:(a) by inserting the following subsection after subsection (1) :(1A) The Governor may make regulations providing for the payment of royalties in respect of the taking of eels.(b) by omitting from subsection (2) "fee or charge" first occurring and substituting "fee, charge or royalty";(c) by omitting from subsection (2)(b) "fee or charge" and substituting "fee, charge or royalty".
6. Section 195 amended (Waiving and refund of fees)
Section 195 of the Principal Act is amended as follows:(a) by omitting "fees or charges" first occurring and substituting "fees, charges or royalties";(b) by omitting "fees or charges" second occurring and substituting "fees, charges or royalties".
7. Section 197C inserted
After section 197B of the Principal Act , the following section is inserted in Division 9:197C. Validation of royalties and fees
(1) In this section –amending Act means the Inland Fisheries Amendment (Royalties) Act 2019;commercial freshwater fishing licence (eel) means a commercial freshwater fishing licence that authorises the taking of eel;eel royalty means an amount paid under the former regulations by the holder of a commercial freshwater fishing licence (eel) –(a) on the renewal of that licence; and(b) for each kilogram of fish caught under the authority of that licence during the previous year;fish farm licence fee means an amount paid under the former regulations by the holder of a fish farm licence in respect of the issue or renewal of that licence where the amount paid was based on –(a) megalitres of commissional water rights; or(b) each megalitre of a water allocation on a licence under the Water Management Act 1999;former regulations means the following regulations:(a) the Inland Fisheries Regulations 1996;(b) the Inland Fisheries (Commercial Nets and Fees) Regulations 1999;(c) the Inland Fisheries (General) Regulations 2009.(2) An eel royalty, or fish farm licence fee, prescribed, and collected by the Director, before the commencement of the amending Act is not invalid solely on the basis that the provisions of the former regulations that purportedly prescribed such a royalty, or fee, were invalid.(3) No action lies against the Crown in right of Tasmania, or the Director, in relation to any loss incurred by a person if the loss is only incurred as a consequence of the imposition or the payment of an eel royalty or a fish farm licence fee, that, but for this section, would not have been validly imposed or collected.
This Act is repealed on the first anniversary of the day on which it commenced.
[Second reading presentation speech made in:
House of Assembly on 12 NOVEMBER 2019
Legislative Council on 20 NOVEMBER 2019]