Stated purpose:
The purpose of this bill is to provide an Act for the ecologically sustainable development and management of the State's aquatic resources and the development of strategies and plans for the conservation of aquatic resources and the protection of aquatic ecosystems, and the development and management of aquaculture.
Clause 6, of the explanatory memoranda provides that ‘[a]n Aboriginal person is not required to hold an authorisation to take aquatic organisms if the organisms are taken for the purposes of the person or the person’s family and not for a commercial purpose.’
The bill’s explanatory memoranda clarify that:
clause 6 applies to all Aboriginal persons whether or not they hold native title; and
with the exception of the requirement to hold a licence when undertaking certain fishing activities, the rules of general application throughout the community such as bag limits, size limits and closed seasons apply to non-native title holders
The explanatory memorandum also provide that ‘[t]he clause is identical in effect to that of section 6 of the [Fish Resources Management Act 1994 (WA)].’
It follows Clause 131 of the bill also regulates the licensing of
persons undertaking commercial fishing;
Aboriginal bodies corporate undertaking commercial fishing, but a licence granted or renewed under this provision cannot be transferred despite any other provision of this Act.
For further information, please see the Explanatory Memorandum.