[Bill 58]-VII
TASMANIA
__________
LIVING MARINE RESOURCES MANAGEMENT
AMENDMENT (AQUACULTURE RESEARCH)
BILL 2021
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CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 3 amended (Interpretation)
5. Section 4 amended (Meaning of fish)
6. Section 6 amended (Meaning of fishery)
7. Section 12 amended (Permits)
8. Section 15A inserted
15A. Permit for conduct of research activities under
arrangement
9. Section 161 amended (Arrangements with Commonwealth)
10. Repeal of Act
2
[Bill 58] 3
LIVING MARINE RESOURCES MANAGEMENT
AMENDMENT (AQUACULTURE RESEARCH)
BILL 2021
(Brought in by the Minister for Primary Industries and Water,
the Honourable Guy Barnett)
A BILL FOR
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
(Aquaculture Research) Act 2021.
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.
_______________________________________________________________ *No. 25 of 1995
Living Marine Resources Management Amendment (Aquaculture
Research) Act 2021
Act No. of 2021
s. 4
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4. Section 3 amended (Interpretation)
The definition of fishing in section 3 of the
Principal Act is amended as follows:
(a) by omitting “authorised under” and
substituting “carried out under the
authority of”;
(b) by inserting the following paragraph after
paragraph (b):
(c) an activity under an arrangement
that is necessary for an activity
under paragraph (a) or (b) to
occur under that arrangement;
5. Section 4 amended (Meaning of fish)
Section 4(4) of the Principal Act is amended by
omitting paragraph (c) and substituting the
following paragraph:
(c) freshwater fish as defined in the Inland
Fisheries Act 1995, other than –
(i) freshwater fish that –
(A) is of a kind or species
declared not to be
freshwater fish in an order
made and in force under
section 4(1)(b) of that
Act; and
Living Marine Resources Management Amendment (Aquaculture
Research) Act 2021
Act No. of 2021
s. 6
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(B) is in, or has been taken
from, State waters that are
not excepted waters as
defined in that Act; or
(ii) freshwater fish that –
(A) is of a kind, or species, of
fish that forms a fishery
or part of a fishery to
which an arrangement
applies; and
(B) is in, has been taken from,
or is to be placed or
introduced into, State
waters to which the
arrangement referred to in
subparagraph (ii)(A)
relates.
6. Section 6 amended (Meaning of fishery)
Section 6 of the Principal Act is amended by
inserting after subsection (2) the following
subsection:
(3) For the purposes of subsection (1)(g), a
purpose of an activity may include, but is
not limited to, a purpose of an activity
specified in an arrangement entered into
under Part 7.
Living Marine Resources Management Amendment (Aquaculture
Research) Act 2021
Act No. of 2021
s. 7
6
7. Section 12 amended (Permits)
Section 12(1) of the Principal Act is amended by
inserting after paragraph (j) the following
paragraph:
(ja) the marine farming of fish for research
purposes pursuant to an arrangement
under section 161;
8. Section 15A inserted
After section 15 of the Principal Act, the
following section is inserted in Division 2:
15A. Permit for conduct of research activities
under arrangement
(1) In this section –
Director, EPA has the same meaning
as in section 92A;
finfish has the same meaning as it has
in the Environmental
Management and Pollution
Control Act 1994;
marine aquaculture research
activities means the marine
farming of fish for research
purposes pursuant to an
arrangement under section 161.
Living Marine Resources Management Amendment (Aquaculture
Research) Act 2021
Act No. of 2021
s. 9
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(2) Before issuing a permit that authorises
marine aquaculture research activities,
the Minister must –
(a) consult with the Director, EPA in
respect of the proposed permit;
and
(b) if the permit relates to the marine
farming of finfish, include in the
conditions to which the permit is
subject such conditions as the
Director, EPA considers are
necessary in respect of the marine
aquaculture research activities.
(3) Marine aquaculture research activities
are taken to be research activities for the
purposes of the Animal Welfare Act
1993.
9. Section 161 amended (Arrangements with
Commonwealth)
Section 161 of the Principal Act is amended by
inserting after subsection (5) the following
subsection:
(6) For the avoidance of doubt, the marine
farming of fish for research purposes is a
fishery to which an arrangement under
this section may apply.
Living Marine Resources Management Amendment (Aquaculture
Research) Act 2021
Act No. of 2021
s. 10
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10. Repeal of Act
This Act is repealed on the first anniversary of
the day on which it received the Royal Assent.
Government Printer, Tasmania