Pearling and hatchery activities without licence or permit, offence
7 Pearling and hatchery activities without licence or permit, offence
In the State and in Western Australian waters, a person shall not carry out —
pearling except under a pearling licence or pearling permit; or
hatchery activities except under a hatchery licence or hatchery permit,
held by the person, or by a principal or employer of the person.
A person who contravenes or who causes, permits or suffers another person to contravene subsection (1) commits an offence, the penalty for which is —
$50 000; and
in every case, a further mandatory penalty of an amount that is twice the wholesale value at the time of the offence of any pearl oysters, or pearl oyster spat, the subject of the offence.
It is a defence to a charge of an offence under this section if the person charged proves that at the time the offence occurred he or she —
was an agent or employee of a person who was in control of the pearling or hatchery activities; and
believed on reasonable grounds that his or her principal or employer held the relevant licence or permit.
[Section 7 amended: No. 78 of 1995 s. 103.]
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