Conditions on licences etc., contravening
8 Conditions on licences etc., contravening
While carrying out pearling or hatchery activities in the State or in Western Australian waters, a person shall not contravene any condition imposed on the pearling licence, hatchery licence or permit —
under which the pearling or hatchery activities are carried out; and
which is held by the person or 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 $10 000, unless section 9 or 10 applies.
Where a regulation relating to —
the identification of pearl oysters; or
the identification or use of containers used for pearling or hatchery activities; or
the taking, collecting, moving, dumping, holding, storing or transporting of pearl oysters,
has been contravened, all pearl oysters the subject of the contravention shall be regarded for the purposes of this Act as if they were taken in excess of the relevant quota imposed by condition on the pearling licence or hatchery licence or the permit under which the pearling or hatchery activities were carried out.
Subsection (3) applies where a regulation relating to containers referred to in subsection (3)(b) is contravened, notwithstanding that no pearl oysters are involved in the contravention, and, where that situation occurs, the number of pearl oysters that shall be regarded as taken in excess of the relevant quota for the purposes of that subsection shall be the number that is prescribed in respect of the particular type of container.
Where a person has contravened a condition imposed in respect of the quota of pearl oysters that may be taken under the relevant licence or permit, but it is not possible to prove in which period of time the number of pearl oysters taken was in excess of the quota specified for that period of time, then the number of pearl oysters taken in excess of quota shall be deemed to have been taken in excess of the quota relating to the period of time when the contravention was reported in writing to the CEO by an inspector.
It is a defence to a charge of an offence under this section if the person charged proves that, at the time the situation giving rise to that charge occurred, he or she was an agent or employee of the person who was in control of the pearling or hatchery activities and did not have any knowledge of the relevant condition imposed on the relevant licence or permit.
[Section 8 amended: No. 28 of 2006 s. 241.]
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