Contents (1995 - 25) Living Marine Resources Management Act 1995 Long Title Part 1 - Preliminary Division 1 - Definitions and applications 1. Short title 2. Commencement 3. Interpretation 4. Meaning of fish 5. Meaning of State waters 6. Meaning of fishery 6A. Meaning of possession 7. Purpose and objectives 8. Act binds Crown 9. Ownership of living marine resources 10. Effect of Act Division 2 - Permits and exemptions 11. Exemption from Act 12. Permits 13. Grant of permit 14. Issue of permit 15. Condition of permit 16. Duration of permit 17. Revocation of permit Part 2 - Administration Division 1 - General matters 18. Function of Minister 19. Powers of Minister 20. Delegation 21. Consultation with police 22. Inquiries 23. Bequests and donations 24. Immunity from liability Division 2 - Associations and codes of practice 25. Fishing bodies 26. Repealed 27. Advisory committees 28. Preparation of draft code of practice 29. Matters included in a draft code of practice 30. Approval of code of practice 31. Commencement of code of practice Part 3 - Fisheries Management Division 1 - Rules relating to fisheries 32. Management plan 33. Rules 34. Fishing licence rules 35. Fishery capacity rules 35A. Rock lobster quota unit rules 36. Entitlement rules 37. Prohibited and permitted fishing rules 38. Rules relating to vessels and apparatus 39. Rules relating to fish and fishing 40. Miscellaneous matters 40A. Rules relating to fish processing 40B. Rules relating to handling 40C. Rules relating to fish and fishing 40D. General provisions relating to rules 41. Rules prevail 41A. Management plan prevails 42. Offences and penalties Division 2 - Procedures for management plans 43. Decisions to prepare management plan 44. Public exhibition of draft management plan 45. Interim management plan 46. Consideration of representations 47. Approval of draft management plan 48. Notification of approval of draft management plan 48A. Correction of management plan Division 3 - Changes, review and revocation 49. Order changing management plan 50. Notification of changes to management plan 51. Period of order 52. Suspension of substituted provision 53. Review of management plan 54. Notification of proposed alteration 55. Recommendations after review 56. Acceptance of recommendation 57. Notification of alteration of management plan 58. Revocation of management plan 59. Emergency order Part 4 - Licences, Quotas and Agreements Division 1 - Fishing licences 60. Fishing licence 61. Authority of fishing licence 62. Conditions of fishing licence 63. Fishing certificate Division 2 - Marine farming licence 64. Marine farming licence 65. Authority of marine farming licence 66. Conditions of marine farming licence 66A. Marine farming licence depends on marine farming lease Division 3 - Fish processing licences 67. Fish processing licence 68. Processing fish 69. Storing fish 70. Conditions of fish processing licence Division 4 - Handling licences 71. Handling licence 72. Authority of handling licence 73. Conditions of handling licence 74. Records and information Division 5 - General provisions relating to licences 75. Guidelines 76. Management plan prevails 77. Applications 78. Grant of licence 78A. Grant of licence previously cancelled 79. Issue of licence 80. Term of licence 81. Renewal of licence 82. Transfer of licence 83. Variation of licence 84. Damages in respect of transfer or variation of licence 85. Effectiveness of licences 86. Repealed 86A. Compliance with conditions 87. Prohibition on use of licence by other persons 88. Substitute licensee 89. Supervision of activities 90. Cancellation or suspension of licence 91. Repealed 92. Surrender of licence 92A. Notification of Director, EPA of certain matters Division 6 - Allocation arrangements 93. Declaration of a quota management 94. Total allowable catch provisions 95. Determination of total allowable catch 96. Allocation of total allowable catch 97. Appeals against allocations of total allowable catch 97A. Confirmation of total allowable catches for giant crab and rock lobster 98. Licence allocations Division 6A - Rock lobster quota 98A. Repealed 98B. Repealed 98C. Allocation of rock lobster quota units 98D. Repealed 98E. Repealed 98F. Repealed 98G. Repealed 98H. Repealed 98I. Repealed 98J. Repealed 98K. Repealed 98L. Repealed Division 7 - Specified agreements 99. Deed of agreement 99A. Exclusion of rule against perpetuities 99B. Right of certain persons holding abalone quotas to transfer to new deed of agreement 99C. Fee payable under new deed of agreement 100. Commercially protected fish 101. Repealed 102. Repealed 103. Repealed Part 5 - Protection of Marine Areas and Habitats Division 1 - Rules relating to certain areas and habitats 104. Rules Division 2 - Marine resources protected areas 105. Marine resources protected area 106. Marine resources protected area management plan 107. Public exhibition of draft marine resources protected area management plan 108. Restriction on powers under other Act 109. Consideration of representations 110. Approval of draft marine resources protected area management plan 111. Notification of approval of draft marine resources protected area management plan 112. Marine resources protected area 113. Compliance with marine management plan 114. Inconsistent management plan 115. Managing authority for marine resources protected area 116. Functions of managing authority 117. Powers of managing authority Division 3 - Habitat protection plans 118. Habitat protection plan 119. Public exhibition of habitat protection plan 120. Approval of habitat protection plan 121. Amendment of habitat protection plan 122. Approval of amended habitat protection plan 123. Revocation of habitat protection plan 124. Inconsistency of habitat protection plan Division 4 - Release and importation of fish 125. Release into waters 126. Importation of live fish Division 5 - Noxious fish 127. Declaration of noxious fish 128. Sale of noxious fish 129. Possession of noxious fish 130. Destruction of noxious fish Division 6 - General provisions 131. Prohibition of certain activities 132. Approvals for activities 133. Conditions of approval 134. Revocation of approval 135. Protection of species 136. Notice to restore fish habitat 137. Minister may take action 138. Activities causing detrimental effect 139. Protection of marine plant 140. Conflict of power Part 6 - Research, Records and Development Division 1 - Research 141. Research into living marine resources 142. Research priorities and co-operation 143. Research areas Division 2 - Records 144. Collection of information 145. Records Division 3 - Scientific observer scheme 146. Scientific observer scheme 147. Scientific observers 148. Notice of intention to place scientific observer on fishing vessel 149. Powers of scientific observer 150. Functions of scientific observer 151. Food and accommodation Part 7 - Joint Management of Certain Fisheries Division 1 - Joint Authorities 152. Management of fishery by Joint Authority 153. General functions and powers of Joint Authority 154. Powers relating to licence 155. Delegation 156. Termination of arrangement 157. Application of provisions relating to offences 158. Report of a Joint Authority 159. Documents 160. Judicial notice of membership of Joint Authority Division 2 - Arrangements with Commonwealth 161. Arrangements with Commonwealth Division 3 - Agreements with Commonwealth and other States 162. Agreements with Commonwealth and other States Division 4 - General 163. Non-application of Part Part 8 - Fisheries Officers Division 1 - Appointment of fisheries officers and assistant fisheries officers 164. Appointment of fisheries officer 165. Appointment of assistant fisheries officer 166. Production of identity card 167. Return of identity card 168. Interests of fisheries officers Division 2 - General powers 169. Limited police powers 170. Police officer 171. Naval officer 172. Assistant fisheries officer 173. Minimising damage Division 3 - Entry, inspection and search 174. Entry and inspection of land and premises 175. Search of non-residential premises 176. Search of residential premises 177. Entry and search of train and aircraft 178. Entry into waters 179. Search of place Division 4 - Vessels and vehicles 180. Boarding and searching vessel 181. Stopping vessel or vehicle 182. Securing vessel, vehicle, land and premises 183. Detaining vessel 184. Use of vessel or vehicle 185. Fisheries officer on board vessel 186. Pursuit of vessel or person Division 5 - Miscellaneous powers 187. Examination of fish 188. Apparatus and equipment 189. Opening and unlocking vessel, door or container 190. Production of things 191. Production of records and documents 192. Production of authorisation 193. Photographs, sketches, measurements and recordings 194. Examination and inquiry 195. Assistance 196. Information requirements Division 6 - Warrants 197. Application and issue of warrant 198. Urgent situations Division 7 - Arrest and seizure 199. Arrest 200. Seizure of fish, vessels and other things 201. Seizure of abandoned apparatus and fish 202. Interference with seized property Division 8 - Offences 203. Offences against fisheries officer 204. Contravention of requirement, direction or signal 205. Refusing search 206. Impersonation of fisheries officer Part 9 - Enforcement Division 1 - General provisions 207. Legal proceedings 208. Limitation of time for complaints 209. Defence for accidental taking of fish Division 2 - Responsibilities of certain persons 210. Liability of master of vessel 211. Liability of employer 212. Liability of person concerned in management of body corporate 213. Liability of holder of authorisation regarding offence by agent 213A. Liability of holder of licence regarding offence by supervisor 214. Liability of supervisors Division 3 - Evidentiary provisions 215. Proof of certain facts 215A. Receipt of documents 216. Evidence relating to place and fish 217. Evidence vessel was a foreign boat 218. Evidence of contents of package 219. Proof fish were taken for sale 220. Presumption of purpose of sale 221. Certificates relating to licensing and statistical matters 222. Evidence of scientific matters 223. Accuracy of measuring equipment 224. Amendments Division 4 - Forfeiture 225. Forfeiture on conviction 226. Forfeiture on acceptance of infringement notice 227. Forfeiture on seizure 228. Forfeiture if owner is not found 229. Sale or disposal 230. Application to buy a forfeited thing 231. Release of seized property 232. Return of seized things 233. Live fish returned to water Division 5 - Infringement notices 234. Infringement notices 235. Payments into Consolidated Fund 236. Repealed 237. Repealed 238. Repealed 239. Repealed 240. Repealed 241. Repealed Division 6 - Demerit points 242. Allocation of demerit points on conviction 243. Repealed 244. Allocation of demerit points 245. Period for which demerit points remain in force 246. Permanent disqualification from obtaining licence 246A. Temporary disqualification from obtaining licence 247. Accumulation of demerit points suspends licence, &c. 248. Transfer of demerit points 249. Register of demerit points 250. Correction of register Division 7 - Control orders 251. Application for control order 252. Draft control order 253. Issue of control order 254. Variation or revocation of control order Division 8 - Miscellaneous offences 255. Use of explosives and substances 255A. Possession and use of trawl nets 256. Interfering with fishing 257. Interfering with apparatus 258. Use of foreign boat 259. Foreign boat equipped with apparatus 260. Interfering with licensee 261. Permitting use of premises 262. Possession, purchase or sale of illegally taken fish 263. False and misleading statements Division 9 - Indictable offences 263A. Prosecution of offences 264. Unlawful possession of fish 264A. Trafficking in fish 265. False or misleading records 266. Application of certain Act Division 10 - Special penalties 267. Illegally taking or possessing fish, &c. 268. Illegal use of apparatus 269. Value of fish Part 10 - Miscellaneous Division 1 - Disease and pests 270. Biosecurity dealing with marine pests and diseases 271. Order relating to diseased areas 272. Requirements made by order 273. Notification of order Division 2 - Fees, charges and royalties 274. Fees, charges and royalties 275. Variation of fees, charges and royalties 276. Recovery of unpaid fees, charges and royalties 277. Payments into Consolidated Fund 278. Special trust fund 279. Industry levy Division 3 - Reviews of decisions 280. Notification of right of review 281. Application for review of decision 282. Review of decision 283. Appeal to Appeal Tribunal 284. Validity of decision Division 4 - Regulations 285. Regulations in general 286. Regulations relating to vessels 287. Regulations relating to fish processing 288. Regulations relating to handling 289. Regulations relating to marine resources protected areas 290. Regulations relating to fish habitats 291. Regulations relating to noxious fish 292. Regulations relating to arrangements 293. Regulations relating to disease 294. Regulations relating to fees, charges and royalties 295. Regulations relating to fish and fishing 296. Regulations relating to miscellaneous matters Division 5 - Miscellaneous matters 297. Evidence 298. Register of authorisations 299. Rewards to informers 300. Compensation not payable 301. Whole weight of fish 302. Geocentric Datum of Australia 303. Identification of boundaries 304. Disclosure of interest by employees 305. Fish taken commercially 306. Repealed 307. Orders not statutory rules 308. Repealed 309. Repeals 310. Repealed Schedule 1 - Objectives of the Resource Management and Planning System of Tasmania Schedule 2 - Acts Repealed Schedule 3 - Abalone Deed of Agreement Schedule 4 - Confirmation of total allowable catches for giant crab and rock lobster Living Marine Resources Management Act 1995 Version current from 4 December 2017 to date (accessed 16 October 2018 at 16:43) Living Marine Resources Management Act 1995 An Act to promote the sustainable management of living marine resources, to provide for management plans relating to fish resources, to protect marine habitats and to repeal the Fisheries Act 1959 [Royal Assent 15 September 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: