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Statutes of Newfoundland 1994


CHAPTER 39

CHAPTER 39

AN ACT TO AMEND THE AQUACULTURE ACT

(Assented to December 16, 1994)

Analysis

1. S.2 Amdt.
Definitions

2. S.4 Amdt.
Aquaculture licences

3. S.6 Amdt.
Inspection

4. S.8 Amdt.
Introduction, transfer and transport

5. S.11 Amdt.
Regulations

6. S.13.1 Added
Seizure

7. S.14 Amdt.
Penalty

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:


RSN 1990 cA-13 as amended

1. Section 2 of the Aquaculture Act is amended by adding immediately after paragraph (b) the following:

(b.1) "aquaculture gear" means equipment used in the conduct of aquaculture to contain or provide means of attachment for aquaculture species and includes rope, socking material, collection material, nets, cages, sea pens, tanks, incubation equipment, raceways, transport tanks and containers;

(b.2) "aquaculture inspector" means an aquaculture inspector appointed under section 6;

2. (1) Subsection 4(7) of the Act is amended by striking out the words "upon application by a licensee".

(2) Subsection 4(8) of the Act is amended by striking out the word "shall" and substituting the word "may".

(3) Subsection 4(12) of the Act is repealed and the following is substituted:

(12) An aquaculture licence or a certified copy of that licence shall be presented to an aquaculture inspector upon request or where this is not possible, a licensee or another person responsible for the aquaculture facility for which the request was made shall present the requested licence or certified copy to the aquaculture inspector not later than 24 hours following the time when the request was made.

3. (1) Subsection 6(1) of the Act is amended by striking out the words "employees of the department" and substituting the word "persons".

(2) Subsection 6(5) of the Act is amended by striking out the words "Upon the advice of an aquaculture inspector, the minister may direct a licensee to take measures" and substituting the words "Where he or she considers it necessary, an aquaculture inspector may direct a licensee or other person responsible for an aquaculture facility to take measures".

(3) Subsection 6(6) of the Act is repealed and the following substituted:

(6) The minister may suspend an aquaculture facility licence where the licensee or other person responsible for that aquaculture facility does not comply with subsection (4) or (5).

(4) Subsection 6(9) of the Act is amended by striking out the words and comma "and so informs the minister, the minister" and substituting a comma and the words "he or she".

4. Subsection 8(1) of the Act is amended by adding immediately after the word "minister", the words "or a person whom the minister may by order designate".

5. (1) Paragraph 11(j) of the Act is amended by adding immediately after the word "of" where it first occurs the words "aquaculture gear and of the".

(2) Paragraph 11(q) of the Act is amended by striking out the word "mariners" and substituting the words "all persons".

(3) Section 11 of the Act is amended by striking out the word "and" at the end of paragraph (bb), by striking out the period at the end of paragraph (cc) and substituting a semi-colon and the word "and" and by adding immediately after paragraph (cc) the following:

(dd) prescribing the manner of identifying and disposing of aquatic plants or animals or aquaculture gear under subsections 13.1(9), (10) and (12).

6. The Act is amended by adding immediately after section 13 the following:

Seizure

13.1 (1) Where an aquaculture inspector believes on reasonable grounds that a person has contravened this Act or the regulations, the aquaculture inspector may, with a warrant issued under subsection (2), seize all aquatic plants or animals and aquaculture gear in relation to which he or she reasonably believes the offence was committed.

(2) A Provincial Court judge or justice of the peace who is satisfied by an information upon oath or affirmation that there are reasonable grounds for believing that there is at a place anything that there are reasonable grounds to believe will give evidence with respect to an offence under this Act or the regulations may issue a warrant authorizing an aquaculture inspector named in the warrant to seize all aquatic plants or animals and aquaculture gear that are considered necessary, subject to conditions that may be specified in the warrant.

(3) An aquaculture inspector acting under a warrant issued under subsection (2) may

(a) take into custody or release from seized aquaculture gear live aquatic plants or animals; and

(b) order a person whom he or she reasonably believes to have committed the offence, to remove and relinquish to the custody of the aquaculture inspector aquaculture gear and where applicable, aquatic plants or animals,

provided that the Provincial Court judge or justice of the peace who issued the warrant under subsection (2) has ordered those actions as conditions of that warrant.

(4) Aquaculture gear seized or removed under subsection (1) or paragraph (3)(b) may be detained for a period of 2 months following the day of seizure or removal, unless during that period, proceedings under this Act in respect of that aquaculture gear are undertaken, in which case the aquaculture gear may be further detained until the proceedings are finally concluded.

(5) Where aquatic plants or animals are seized or removed under this section, the aquaculture inspector or other person having the custody of the aquatic plants or animals may sell them and shall pay the proceeds of the sale into the Consolidated Revenue Fund.

(6) Where aquatic plants or animals or aquaculture gear are seized or removed under this section, a person having an interest in them may apply to a judge of the Trial Division for their return.

(7) A judge may order the return of the aquatic plants or animals and aquaculture gear where

(a) he or she is satisfied that the seized or removed aquaculture gear is licensed or was located at a licensed site;

(b) he or she is satisfied that the retention of the aquatic plants or animals and aquaculture gear is not necessary as evidence of the commission of an offence;

(c) he or she is satisfied as to the value of the aquatic plants or animals and aquaculture gear; and

(d) the applicant posts a bond or other form of security in an amount satisfactory to the judge.

(8) Where proceedings are not taken following a seizure or removal under this section or where they are taken and the person charged is acquitted of the charge made against him or her,

(a) the aquaculture inspector or other person having the custody of the aquatic plants or animals or aquaculture gear seized or removed under subsection (1) or paragraph (3)(b) shall return them to the person from whom he or she seized or received them; and

(b) where the aquatic plants or animals are sold under subsection (5), the minister shall pay the proceeds of the sale to the person from whom the aquatic plants or animals were seized or received under subsection (1) or paragraph (3)(b).

(9) Where the ownership of aquaculture gear seized under subsection (1) cannot, at the time of and within 2 months of that seizure, be ascertained by the aquaculture inspector who has made that seizure, that aquaculture gear is forfeited to the Crown and may be disposed of as prescribed by regulation.

(10) For the purpose of preserving the identity of aquatic plants or animals and aquaculture gear seized or removed under subsection (1) or paragraph (3)(b), an aquaculture inspector may place upon the aquatic plants or animals and aquaculture gear a numbered tag in the form that is prescribed by regulation.

(11) A person shall not remove or alter a tag placed upon an aquatic plant or animal and aquaculture gear under subsection (10) and shall not remove aquatic plants or animals and aquaculture gear detained under this section.

(12) Where a person is convicted of an offence under this Act or the regulations, the judge before whom he or she is convicted may, in addition to another penalty imposed under this Act,

(a) order that the aquatic plants or animals and aquaculture gear in relation to which the offence was committed

(i) be seized or removed in accordance with subsection (1) or paragraph (3)(b),

(ii) be sold in accordance with subsection (5), and the proceeds of the sale forfeited to the Crown,

(iii) be forfeited to the Crown, or

(iv) disposed of as the minister directs; and

(b) where a bond or other security has been posted under paragraph (7)(d), call upon the bond or other security and order the person posting it to pay immediately the amount of the bond or other security to the Consolidated Revenue Fund as a debt due the Crown.

7. Paragraph 14(1)(b) of the Act is amended by adding immediately after the word "fine" where it first occurs, the words "of not less than $5000 and".

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