The principal but not only Act of the Western Australian Parliament regulating the management of, and utilisation and conservation of fish (which includes all aquatic organisms except reptiles, birds, mammals, amphibians) and their habitat is the Fish Resources Management Act 1994 (FRMA).
Use of pearl oyster resources is regulated under the Pearling Act 1990.
The FRMA lists the objectives for the management and conservation of fish and their habitat.
Other Acts of the Western Australian Parliament relating to the management of the utilisation and conservation of fish and their habitat include the Fisheries Adjustment Schemes Act 1987, Fishing Industry Training Promotion and Management Levy Act 1994 and Fishing and Related Industries Compensation (Marine Reserves) Act 1997.
All of these Acts are available online at the State Law Publisher. Corresponding Regulations can be accessed below.
Subsidiary legislation - fisheries
The FRMA provides a number of tools for the Minister of Fisheries to use when managing fish resources. These tools include the Fish Resources Management Regulations 1995 (FRMR); management plans; notices and orders and CEO notices and determinations. They are all forms of subsidiary legislation (see Interpretation Act 1984).
Notices made under the Fisheries Act 1905 were carried over and are still in force by virtue of Part 18 of the FRMA (Savings and Transitional Provisions). These Notices, and the Orders made under the FRMA may prohibit fishing by certain fishing methods, by species, in particular locations or by a person or class of person.
Please note: to understand all management ‘rules’ in place for a particular fishery, it is important to consider all types of subsidiary legislation that may apply as well as consider all relevant Acts.
Fisheries legislation online
Fisheries legislation can be accessed at the bottom of this page and provides the following Principal and Subsidiary legislation information:
- Fisheries legislation including the various Acts and Regulations;
- Consolidated versions of Management Plans and Interim Management Plans;
- Consolidated versions of Notices and Orders;
- CEO Notices and Determinations made under Management Plans;
When searching for particular information in relation to a type of fish / a fishery / an area or activity, then it is important that you refer to all of the above categories, as looking in just one category alone may not contain all of the rules. A search function is also available, which can be used by inputting key words. This will display relevant documents in which the search term is found, but the searcher should also try different related keywords to give the greatest likelihood of finding all relevant rules.
Management Plans, and CEO Notices and Determinations are arranged alphabetically by ‘Title’ by their common name, not citation.
Notices and Orders are arranged by the order type, starting with section 115 Fish Habitat Protection Orders, followed by Section 43 Prohibition Orders. S43 is then further arranged by 1) Closed Waters / Marine Reserves; 2) Gear restrictions; 3) Species restrictions; 4) Rock Lobster; 5) Designated Fishing Zones in alphabetical order.
Status of principal and subsidiary legislation
Changes to Acts and Regulations are made directly by the State Law Publishers. Changes to subsidiary legislation (other than Regulations) are made by the Department of Fisheries (following gazettal of the relevant law change) via the State Law Publisher website. The reader is advised to read the supporting information, Copyright information and Disclaimer provided by the State Law Publisher, and the Department of Fisheries.
The consolidated version of the legislation or the new legislation is usually uploaded to the database within 2 working days of the amended provision/s commencing.
It is important to note these the online versions are not the official versions. Although the documents presented online have been carefully collated and amended as changes to the principle notice were published in the Government Gazette, their accuracy cannot be guaranteed.
Accordingly – (a) no warranty is given that they are free from error or omission nor as to the accuracy of any information in them; and (b) the State of Western Australia and its servants expressly disclaim liability for any act or omission done in reliance on the documents or for any consequences of any such act or omission.
The materials presented in the Department of Fisheries website (http://www.fish.wa.gov.au/) and its sub-directories are provided by the Department of Fisheries as a service to the community. The information and advice provided is made available in good faith and is derived from sources believed to be reliable and accurate at the time of release on the Internet. However, the information is provided solely on the basis that readers will be responsible for making their own assessment of the matters contained or discussed herein and are advised to verify all relevant representations, statements, information and advice.
Changes in circumstances after a document is placed on the Internet may impact on the accuracy of the information. Additionally, materials may be maliciously vandalised. No assurance is given as to the accuracy of any representation, statement, information or advice contained after publication on the Internet.
Materials in this website's pages include links to external Internet sites. These external information sources are outside the Department's control. It is the responsibility of the Internet user to make his or her own decisions about the accuracy, currency, reliability and correctness of information found.
Neither the Minister for Fisheries ("Minister"), nor the State of Western Australia ("State"), nor any agency or instrumentality of the State, nor any employee or agent of the Minister, the Department, the State or any agency or instrumentality of the State shall be responsible or liable for any loss, damage or injury (including death) howsoever caused (whether caused by any negligent or other unlawful act or omission of, by or on the part of the Minister, the State, any agency or instrumentality of the State, or any agent or employee of the Minister, the Department, the State or any agency or instrumentality of the State, other otherwise) arising from the use of or reliance on any information, data or advice (including incomplete, out-of-date, wrong, inaccurate or misleading information, data or advice):
(a) expressed or implied in the Department of Fisheries web site (http://www.fish.wa.gov.au/) pages or its sub-directories; or
(b) expressed or implied in, or coming from, the Department's web site by any person whosoever.
Copyright in the material presented on this website is owned by the State of Western Australia. A user may download, store in cache, display, print and copy the material in unaltered form only for the user's personal, non-commercial use or non-commercial use within the users organisation. A user may not transmit, distribute or commercialise the material without the express written permission of the State of Western Australia. All other rights reserved.
Enquiries may be directed to Manager State Law Publisher, 10 William Street, Perth, WA, 6000, or Legal Information Officer, Legal and Registry Services Unit, Department of Fisheries, 168 St Georges Terrace, Perth, WA, 6000.
To view the relevant Acts, Regulations and Subsidiary Legislation administered by the Minister for Fisheries please indicate your acceptance of all of the above conditions.