Living Marine Resources Management Amendment (Aquaculture Research) Act 2022
An Act to amend the Living Marine Resources Management Act 1995
[Royal Assent 18 March 2022]
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 Living Marine Resources Management Amendment (Aquaculture Research) Act 2022 .
This Act commences on the day on which this Act receives the Royal Assent.
In this Act, the Living Marine Resources Management Act 1995 is referred to as the Principal Act.
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(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.
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.(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.
This Act is repealed on the first anniversary of the day on which it received the Royal Assent.
[Second reading presentation speech made in:
House of Assembly on 23 NOVEMBER 2021
Legislative Council on 8 MARCH 2022]