Inland Fisheries (Savings and Transitional) Act 1995
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Inland Fisheries (Savings and Transitional) Act 1995
Inland Fisheries (Savings and Transitional) Act 1995
An Act to provide for matters of a savings and transitional nature arising as a consequence of the repeal of the
Fisheries Act 1959
[Royal Assent 8 December 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:
PART 1 - Preliminary
1.
Short title
This Act may be cited as the
Inland Fisheries (Savings and Transitional) Act 1995 .
2.
Commencement
This Act commences on a day to be proclaimed.
3.
Interpretation
In this Act
commencement day
means the day on which the
new Act
commences;
commercial licence
means a commercial licence within the meaning of the
new Act ;
Commission
means the Inland Fisheries Commission established under the
new Act ;
fish farm licence
means a fish farm licence within the meaning of the
new Act ;
former Act
means the
Fisheries Act 1959 ;
former regulations
means the
Inland Fisheries Regulations 1973 ;
new Act
means the
Inland Fisheries Act 1995 ;
recreational licence
means a recreational licence within the meaning of the
new Act .
PART 2 - Licences, Permits and Registrations
4.
Applications for licences
Any application for a licence made under
Part III of the former Act
or the
former regulations
and not determined before the commencement day ceases to have effect on that day.
5.
Recreational licences
(1)
An angling licence or a licence to take whitebait in force under the
former regulations
immediately before the commencement day is, on that day, a recreational licence under the
new Act .
(2)
A recreational licence
(a) is subject to the same conditions as it was under the
former regulations ; and
(b) is taken to have commenced on the date of issue of the licence under the
former regulations ; and
(c) continues in force for the remainder of its term unless the Commission sooner cancels it.
(3)
The Commission may revoke or vary any condition of a licence referred to in
subsection (1) .
6.
Exemptions
(1)
An exemption from holding an angling licence in force under the
former regulations
immediately before the commencement day continues, on that day, to be in force until the Commission revokes it.
(2)
An exemption is subject to the same conditions as it was under the
former regulations .
7.
Commercial licences
(1)
Any of the following licences in force under the
former regulations
immediately before the commencement day is, on that day, a commercial licence under the
new Act :
(a) a feeding eel licence;
(b) a migrating eel licence;
(c) an assistant eel fisherman's licence;
(d) a juvenile eel licence.
(2)
A commercial licence
(a) is subject to the same conditions as it was under the
former regulations ; and
(b) is taken to have commenced on the date of issue of the licence under the
former regulations ; and
(c) continues in force for the remainder of its term unless the Commission sooner cancels it.
(3)
The Commission may revoke or vary any condition of a licence referred to in
subsection (1) .
8.
Fish farm licences
(1)
A fish farm licence in force under the
former Act
immediately before the commencement day is, on that day, a fish farm licence under the
new Act .
(2)
A fish farm licence
(a) is subject to the same requirements as it was under the
former Act ; and
(b) is taken to have commenced on the date of issue of the licence under the
former Act ; and
(c) continues in force for a period of 2 years from the commencement day unless the Minister sooner cancels it.
(3)
The Minister may revoke or vary any requirement to which a fish farm licence is subject.
(4)
The Minister must not vary a requirement of a fish farm licence by reducing the level of production of Atlantic salmon below any level of production
(a) for transfer to a marine farm licensed under the
former Act
during the period 1 July 1995 to 30 June 1996 inclusive; and
(b) as determined by the Minister.
9.
Permits for certain purposes
(1)
A permit issued by the Commission and in force under the
former Act
immediately before the commencement day continues, on that day, to be in force until whichever of the following occurs first:
(a) the permit expires;
(b) the Commission cancels it;
(c) a period of 12 months after the commencement day has elapsed.
(2)
A permit is subject to the same conditions as it was under the
former Act .
10.
Wholly private fishery
(1)
A wholly private fishery registered under the
former regulations
immediately before the commencement day is, on that day, a registered private fishery under the
new Act .
(2)
The registration of a private fishery
(a) is subject to the same requirements and restrictions as it was under the
former regulations ; and
(b) is taken to have commenced on the date of issue of the certificate of registration under the
former regulations ; and
(c) continues in force for the remainder of its term unless the Commission sooner cancels it.
PART 3 - Miscellaneous
11.
Seizure
Anything seized under the
former Act
and not dealt with before the commencement day may be dealt with under that Act.
12.
Officers
A person who was an officer for the purposes of
Part III of the former Act
immediately before the commencement day is, on that day, an officer under the
new Act
for
(a) a period of 6 months; or
(b) a lesser period the Secretary of the Department determines.
13.
Employees
A person who was an employee for the purposes of
Part III of the former Act
immediately before the commencement day is, on that day, an employee for the purposes of the
new Act .
14.
Commissioner
(1)
The Commissioner of Inland Fisheries appointed under the
former Act
and holding office immediately before the commencement day is, on that day, the Commissioner of Inland Fisheries under the
new Act
until
(a) the original appointment expires; or
(b) the Governor sooner terminates the appointment.
(2)
An Associate Commissioner of Inland Fisheries appointed under the
former Act
and holding office immediately before the commencement day is, on that day, an Associate Commissioner of Inland Fisheries under the
new Act
until
(a) the original appointment expires; or
(b) the Governor sooner terminates the appointment.
15.
Registers
Any register kept by the Commission under the
former Act
immediately before the commencement day is, on that day, a register kept under
section 196 of the new Act .
16.
Returns and records
Any returns or records kept or lodged for the purposes of
Part III of the former Act
immediately before the commencement day are, on that day, records kept under the
new Act .
17.
Regulations continue
(1)
Former regulations
in force immediately before the commencement day continue, on that day, to be in force until whichever of the following occurs first:
(a) they are rescinded;
(b) a period of 12 months after the commencement day has elapsed.
(2)
A provision of the
new Act
or of any regulations, orders, declarations or notices made under that Act which is inconsistent with the provision of the
former regulations
prevails over the latter provision to the extent of that inconsistency.
18.
Regulations
(1)
The Governor may make regulations for the purpose of this Act.
(2)
The regulations may provide for matters of a savings and transitional nature in relation to this Act or the
former Act .
(3)
Regulations made under this section may take effect from the commencement of this Act or a later date.
19.
Administration of Act
Until provision is made in relation to this Act by order under
section 4 of the
Administrative Arrangements Act 1990
(a) the administration of this Act is assigned to the Minister for Inland Fisheries; and
(b) the Department responsible to the Minister for Inland Fisheries in relation to the administration of this Act is the Department of Environment and Land Management.
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