21 Functions of Joint Authority 36 22 Joint Authority to exercise certain powers instead of Minister 37 23 Provisions to apply to Joint Authority fishery 39 24 Statement in an arrangement to be sufficient evidence 39 25 Regulations and notices 40 Division 2—State–State management 41 26 Power to enter into agreements 41 27 Powers and functions 41 43 28 Management plans 43 29 Contents of fishery management plan 45 30 Contents of fisheries reserve management plan 45 31 Contents of declared noxious aquatic species management plan 46 32 Submissions on management plan 46 33 Amendment of management plan 47 34 Duty of public authorities 47 35 Inconsistency 48 49 Division 1—Offences, licences, general permits and authorisations 49 36 Offences relating to commercial fishing activities 49 37 Offences relating to commercial abalone equipment 50 38 Access licences 50 39 Restrictions concerning access licences 53 40 Offence to receive or sell any fish 54 41 Fish receiver licences 55 42 Offences relating to aquaculture and live fish etc. 55 43 Aquaculture licences 57 44 Offences relating to recreational fishing 59 45 Recreational fishery licences 61 46 Group recreational fishery licence 61 47 Recreational fishing that does not require a licence 62 49 General permit 62 50 Special provisions concerning general permits for developing fisheries 65 50A Licence does not confer automatic rights on water authority property 65 50B Fishery licences not transferable unless regulations allow 66
(c) in the case of cod— (i) if the Murray cod are in carcass form, 3 times the catch limit for Murray cod or more; or (ii) if the Murray cod are in any other form, 30 kilograms or more (including ice or any other thing that cannot be readily separated from the Murray cod in the form that it is found); s. 4 (d) in the case of any other priority species, the quantity of fish prescribed in respect of that priority species; Commonwealth Act means the Fisheries Management Act 1991 of the Commonwealth; Commonwealth Minister means the Minister for the time being administering the Commonwealth Act and any other Minister exercising powers and performing functions pursuant to section 60 of the Commonwealth Act; Commonwealth proclaimed waters means the Australian Fishing Zone (AFZ) as defined under the Commonwealth Act; S. 4(1) def. of condition inserted by No. 5/1997 s. 4(1)(g). condition, in relation to a licence or permit, includes any restriction that applies to the licence or permit; S. 4(1) def. of consultative body repealed by No. 35/2009 s. 28. * * * * *
Management S. 4(1) def. of fish receiver's licence inserted by No. 5/1997 s. 4(1)(h), amended as fish receiver licence by No. 35/2009 s. 50(4)(a). fish receiver licence means a licence issued under section 41; S. 4(1) defs of endorsement, export fishery repealed by No. 5/1997 s. 4(1)(a). * * * * * S. 4(1) def. of Fisheries Council repealed by No. 35/2009 s. 28. * * * * * fisheries notice means a fisheries notice made under section 152; s. 4 fisheries reserve means a fisheries reserve declared under section 88; S. 4(1) def. of fishery committee repealed by No. 35/2009 s. 28. * * * * * S. 4(1) def. of fishery licence amended by Nos 5/1997 s. 4(1)(i)(i)(ii), 35/2009 s. 50(4)(b). fishery licence means— (a) an access licence; or * * * * * (c) an aquaculture licence; or (d) a recreational fishery licence; or (e) a fish receiver licence; or (f) any other category of licence created by the regulations under clause 3.1 of Schedule 3;
S. 4(1) def. of fishing bait inserted by No. 5/1997 s. 4(1)(j). fishing bait means any species of fauna declared to be fishing bait under section 6; s. 4 foreign boat has the same meaning as in the Commonwealth Act; S. 4(1) def. of greenlip abalone inserted by No. 58/2005 s. 3(1). greenlip abalone, in relation to abalone quota management, catch and size limits and closed seasons, means abalone of the species Haliotis laevigata; S. 4(1) def. of individual quota amended by No. 5/1997 s. 4(1)(k). individual quota means the number of quota units (including a portion of a quota unit) allocated to an access licence by a quota order, whether as part of a total allowable catch or otherwise; S. 4(1) def. of individual quota unit substituted by No. 5/1997 s. 4(1)(l), amended by No. 58/2005 s. 3(2)(a). individual quota unit means a quantity of a species of fish (by number, volume, weight or value) declared under section 64A(1)(b) or 66D(1)(b) to be the individual quota unit for that species; S. 4(1) def. of inland waters amended by No. 5/1997 s. 4(1)(m)(i)(ii). inland waters means— s. 4 (a) any swamp or lake other than the Gippsland Lakes, Lake Tyers, the Lower Lake of Mallacoota Inlet and Wingan Inlet; (b) any waterway, channel or anabranch from its mouth to its source and any inlet, backwater or lagoon connected with it; (c) any other lagoon, backwater, anabranch or billabong;
S. 4(1) def. of marine waters substituted by No. 5/1997 s. 4(1)(o). marine waters means Victorian waters other than— (a) inland waters; (b) any waters that are private property; S. 4(1) def. of Ministerial direction inserted by No. 5/1997 s. 4(1)(o). Ministerial direction means a direction given under section 61; noxious aquatic species means a noxious aquatic species declared under section 75; S. 4(1) def. of open season substituted by No. 5/1997 s. 4(1)(p). open season in relation to a species of fish means any time or period during which the taking of fish of that species is not prohibited under this Act or during which the taking of fish of that species is allowed under this Act; Order in Council means an Order made by the Governor in Council and published in the Government Gazette; S. 4(1) def. of permit amended by No. 5/1997 s. 4(1)(q). permit means— (a) a general permit under section 49; (b) a protected aquatic biota permit under section 72; or (c) a noxious aquatic species permit under section 81; or (d) any other category of permit issued in accordance with the regulations; S. 4(1) def. of priority species inserted by No. 5/1997 s. 4(1)(r), amended by No. 35/2009 s. 50(5). priority species means— s. 4 (a) abalone, rock lobster or cod; and (b) any other species of fish that the regulations state are a priority species; process means shell, skin, shuck, fillet, dismember, mince, open, cut, break, cook,
S. 4(1) def. of quota order inserted by No. 5/1997 s. 4(1)(s), amended by Nos 80/2000 s. 3(a), 58/2005 s. 3(2)(c). quota order means an order issued under section 64, 64A, 66C or 66D; S. 4(1) def. of quota period inserted by No. 5/1997 s. 4(1)(s). quota period means any period specified in a quota order as the period over which a total allowable catch or an individual quota is to apply; S. 4(1) def. of recognised peak body repealed by No. 35/2009 s. 28. * * * * * S. 4(1) def. of recreational fishery licence inserted by No. 5/1997 s. 4(1)(t). recreational fishery licence means a licence issued under section 45 or a group recreational fishery licence issued under section 46; S. 4(1) def. of recreational fishing equipment inserted by No. 51/2007 s. 3(2)(c). recreational fishing equipment means any fishing equipment prescribed in the regulations to be recreational fishing equipment; S. 4(1) def. of recreational fishing licence repealed by No. 5/1997 s. 4(1)(t). * * * * * S. 4(1) def. of register repealed by No. 5/1997 s. 4(1)(a). * * * * * s. 4
S. 22(6) substituted by No. 5/1997 s. 50(3). (6) Subject to sections 25(1)(b) and (c), on a fishery becoming a Joint Authority fishery, any regulation, fisheries notice, Order in Council, notice, declaration, order, or Ministerial direction that applies to the fishery under this Act ceases to apply to the fishery. S. 22(7) substituted by No. 5/1997 s. 50(3). (7) This section does not empower a Joint Authority to grant or to take any other action in respect of a licence in respect of a foreign boat. 23 Provisions to apply to Joint Authority fishery s. 23 The provisions of this Act relating to offences and enforcement and legal proceedings— (a) extend and apply in respect of anything done to or in relation to fish to which a Joint Authority fishery relates or otherwise in relation to the Joint Authority fishery; (b) are to be read and construed— S. 23(b)(i) amended by No. 5/1997 s. 50(1)(h). (i) as if any reference in this Act to a licence or permit were a reference to a licence or permit granted or made by the relevant Joint Authority in relation to the person alleged to have committed the offence or the boat alleged to have been used in the commission of the offence; (ii) as if any reference in this Act to fish were a reference to fish to which the Joint Authority fishery relates. 24 Statement in an arrangement to be sufficient evidence
(3) The regulations may exclude specified fish or fishing bait from all or any of the provisions of subsection (1). (4) If specified fish or fishing bait are excluded from a provision of subsection (1), a person may do the thing that would otherwise be prohibited by that provision in respect of that fish or fishing bait. S. 43 substituted by No. 5/1997 s. 9. 43 Aquaculture licences s. 43 (1) The regulations may create classes of aquaculture licences and may specify that the holder of an aquaculture licence of a particular class may do one or more of the following— (a) use, form or create a habitat (whether natural, artificial or partly natural or artificial) in a specified area for hatching, rearing, breeding, displaying or growing specified fish or fishing bait for sale or other commercial purposes; (b) hatch, rear, breed, display or grow specified fish or fishing bait for sale or other commercial purposes; S. 43(1)(ba) inserted by No. 51/2007 s. 6(1)(a). (ba) stock fish into protected waters; S. 43(1)(c) amended by No. 51/2007 s. 6(1)(b). (c) use specified commercial aquaculture equipment or use commercial aquaculture equipment generally; S. 43(1)(d) inserted by No. 51/2007 s. 6(1)(c). (d) possess specified commercial aquaculture equipment or possess commercial aquaculture equipment generally; S. 43(1)(e) inserted by No. 51/2007 s. 6(1)(c). (e) engage one or more people to do one or more of the things listed in this subsection.
(6) Subsection (5) does not apply to a person in relation to a particular prohibition if the regulation or fisheries notice creating the prohibition expressly prohibits the sale or processing of fish of that species during the closed season. S. 68 substituted by No. 5/1997 s. 9. 68 Prohibition to prevail s. 68 A prohibition under this Division prevails over any provision to the contrary in this Act. S. 68A inserted by No. 5/1997 s. 9. 68A Offences in relation to size and catch limits (1) A person must not use commercial fishing equipment— S. 68A(1)(a) amended by No. 50/2005 s. 13(a). (a) to take fish that are less than the minimum size, or that are more than the maximum size, specified by the regulations or by a fisheries notice for that species of fish; or (b) to take more fish than the catch limit for that species of fish. First offence—50 penalty units or imprisonment for 3 months or both. Subsequent offence—100 penalty units or imprisonment for 6 months or both. S. 68A(2) amended by No. 50/2005 s. 13(a). (2) A person must not possess fish that are less than the minimum size, or that are more than the maximum size, specified by the regulations or by a fisheries notice for that species of fish if— (a) the fish were taken by the use of commercial fishing equipment; or
S. 68A(4C) inserted by No. 80/2000 s. 10(2). (4C) It is a defence to a charge under subsection (2)(b), (3), (4A) or (4B) if the person charged can prove that the fish were taken in accordance with this Act. S. 68A(5) substituted by No. 80/2000 s. 10(2), amended by No. 50/2005 s. 13(a). s. 68A (5) A person must not use commercial abalone equipment to take abalone that is less than the minimum size, or that is more than the maximum size, specified by the regulations or by a fisheries notice for abalone. First offence—50 penalty units or imprisonment for 3 months or both. Subsequent offence—100 penalty units or imprisonment for 6 months or both. S. 68A(6) amended by No. 108/2003 s. 50(b). (6) Subsections (3)(b), (4A) and (4B) do not apply to a person in the business of processing or selling fish if he or she can prove that any fish in his or her possession that are in excess of the catch limit were taken in accordance with this Act. S. 68A(7) amended by No. 80/2000 s. 10(3). (7) In addition to any other penalty specified by this section, a person who is guilty of an offence under this section (other than an offence in respect of which an infringement notice has been issued) in relation to a priority species is liable to a penalty of up to 1 penalty unit for each fish of the priority species that is— S. 68A(7)(a) amended by No. 50/2005 s. 13(a). (a) less than the minimum size, or that is more than the maximum size, specified by the regulations or by a fisheries notice for that species of fish; or S. 68A(7)(b) amended by No. 50/2005 s. 13(b). (b) in excess of the catch limit allowed by the regulations or by a fisheries notice for that species of fish. (8) An authorised officer or a member of the police force may seize— (a) any undersized fish; and
(3) An Order in Council cannot be made under this section unless— S. 88(3)(a) repealed by No. 35/2009 s. 35. * * * * * S. 88(3)(b) substituted by No. 108/2003 s. 39(2)(b). (b) in the case of any Crown land under the Land Act 1958, the Minister has consulted with the Minister responsible for that land under that Act; and S. 88(3)(ba) inserted by No. 108/2003 s. 39(2)(b). (ba) in the case of any land reserved under section 4 of the Crown Land (Reserves) Act 1978, the Minister has consulted with the Minister responsible for that land under that Act; and (c) the Minister has published a notice of intention to declare the fisheries reserve in a newspaper circulating generally in and in a newspaper circulating generally in the area of the proposed fisheries reserve at least 2 months before the Order in Council is to be made. (4) The notice of intention must specify— S. 88(4)(a) amended by No. 108/2003 s. 39(2)(a). (a) the area which is to be constituted as a fisheries reserve; and s. 88 (b) the purpose of the proposed fisheries reserve; and (c) the procedures for making public comments and considering submissions. (5) A marine reserve proclaimed under section 79A of the Fisheries Act 1968 continues to be a marine
inspection is evidence of the facts stated in the absence of evidence to the contrary. S. 122(2) amended by No. 5/1997 s. 24(1)(a). (2) In any proceedings for an offence under this Act with respect to any fish alleged to have been taken from Victorian waters, it is upon the person charged to prove that the fish were not taken in Victorian waters. S. 122(3) amended by No. 5/1997 s. 24(1)(c). (3) A person who is in a boat, aircraft, car or other vehicle, or on any premises, in or on which there is fish of a priority species is deemed to be in possession of those fish until the contrary is proved. S. 122(4) inserted by No. 108/2003 s. 15, repealed by No. 68/2009 s. 97(Sch. item 58.3). * * * * * Note to s. 122(4) repealed by No. 68/2009 s. 97(Sch. item 58.3). * * * * * 123 Simplification of proof s. 123 (1) Any person having in a boat, any fish and commercial fishing equipment is deemed, until the contrary is proved, to have taken the fish by the use of that commercial fishing equipment and to have taken those fish for sale. (2) Any person having in a boat any abalone and commercial abalone equipment is deemed, until the contrary is proved, to have taken the abalone by the use of that commercial abalone equipment and to have taken those abalone for sale.
Pt 7A (Heading and ss inserted by No. 16/2004 s. 49 (as amended by Nos 69/2004 s. 60, 87/2005 s. 6). Division 1—Introduction S. 131A inserted by No. 16/2004 s. 49 (as amended by Nos 69/2004 s. 60, 87/2005 s. 6(a)). 131A Definitions s. 131A In this Part— authorised operation means a controlled operation for which an authority is in force; authority means an authority in force under this Part, and includes any variation of such an authority; conduct includes any act or omission; controlled conduct means conduct which, but for section 131L, would constitute a relevant offence; controlled operation means an operation that— (a) is conducted, or intended to be conducted, for the purpose of obtaining evidence that may lead to the prosecution of a person for a relevant offence; and (b) involves, or may involve, controlled conduct; criminal activity means conduct that involves the commission of a relevant offence by one or more persons;
(b) to refuse to approve the transfer of a fishery licence under section 56; (c) to vary any licence or permit under section 54(1)(a); (d) to impose, vary or revoke any condition under section 54(1)(b); (e) to refuse to issue a general permit under section 49(5); (f) to refuse to place the name of a person on an access licence for the purposes of section 39(2); (g) to defer the renewal of a licence under section 57(8); (h) to suspend or cancel a fishery licence under section 58; S. 137(ha) inserted by No. 80/2000 s. 15. (ha) to refuse approval of a transfer of individual quota units under section 65A; S. 137(hb) inserted by No. 58/2005 s. 8. (hb) to refuse approval of a transfer of individual abalone quota units under section 66K; (i) to suspend or refuse to renew or transfer a licence under section 101(3); (j) which the regulations state is a reviewable decision for the purposes of this section. S. 138 repealed by No. 5/1997 s. 34. * * * * * Division 2—Miscellaneous
S. 146(1)(ea) inserted by No. 80/2000 s. 17. (ea) a member of the Fisheries Revenue Allocation Committee; (f) a member of a fishery committee; (g) a member of the Commercial Fisheries Licensing Panel; (h) a member or deputy of the Licensing Appeals Tribunal; S. 146(1)(ha) inserted by No. 40/2002 s. 26. (ha) a member or deputy of the Compensation Assessment Panel (established under Part 10); S. 146(1)(hb) inserted by No. 40/2002 s. 26. (hb) a member or deputy of the Compensation Appeals Tribunal (established under Part 10); (i) authorised to perform or exercise any function or power under this Act— must not, except to the extent necessary to perform official duties, or to perform or exercise such a function or power, either directly or indirectly, make a record of, or divulge or communicate to any person, any information obtained in confidence or relating to the personal affairs of another person that is or was acquired by the person by reason of being or having been so appointed, engaged or authorised, or make use of any such information, for any purposes other than the performance of official duties or the performance or exercise of that function or power. 10 penalty units. (2) Nothing in subsection (1) precludes a person from— (a) producing a document to a court in the course of criminal proceedings or in the course of any proceedings against this Act;
156 Transitional provision—appeals on section 155A or 155B decision S. 156(1) amended by No. 5/1997 s. 50(1)(t)(i). (1) A person who is aggrieved by a decision of the Secretary in respect of an application under section 155B may appeal to the Licensing Appeals Tribunal in accordance with section 136 as if the decision were a reviewable decision within the meaning of section 137. S. 156(2) amended by No. 5/1997 s. 50(1)(t)(ii). (2) A person who is aggrieved by a decision under section 155A, may apply in writing to the Secretary for a review of the decision within 14 days of being notified of the decision. (3) An application under subsection (2) must— (a) state the grounds for the application; and (b) be accompanied by any supporting documents or any other documents that the Secretary may subsequently require. (4) The Secretary may after receiving an application under subsection (2)— (a) review the decision personally; or (b) appoint a person or persons to review the decision and report to the Secretary. (5) A review under subsection (4) is to consist of a review of all the relevant documents only. (6) A review must be completed within 28 days of receiving the application or of receiving other documents requested under subsection (3). (7) The Secretary must notify the applicant in writing of the decision of the Secretary on the review. S. 157 substituted by No. 5/1997 s. 46. 157 Transitional provision—sections 13A, 13AA and 13C of the Fisheries Act 1968 s. 157 Despite the repeal of the Fisheries Act 1968, and without limiting section 155(2)—
S. 163C inserted by No. 7/2010 s. 13. 163C Transitional provision—Crimes Legislation Amendment Act 2010 The first report submitted by the Secretary under section 131S(1) after the commencement of section 11 of the Crimes Legislation Amendment Act 2010 must include the information required by section 131S(1) for any period in the 9 months immediately preceding that commencement, that has not previously been reported on. S. 163D inserted by No. 21/2011 s. 11. 163D Transitional provisions—Fisheries Amendment Act 2011 (1) Section 129A does not apply in respect of an offence committed before the commencement of section 9 of the Fisheries Amendment Act 2011. (2) Section 130AA does not apply in respect of an offence committed before the commencement of section 10 of the Fisheries Amendment Act 2011. S. 163E inserted by No. 82/2012 s. 105. 163E Transitional provision—Integrity and Accountability Legislation Amendment Act 2012 s. 163E (1) If, before the commencement day, the Special Investigations Monitor had not prepared the report required by section 131T for the financial year ending before the commencement day, the Victorian Inspectorate must prepare and transmit the report. (2) An inspection undertaken by the Special Investigations Monitor under section 131W in the 12 months ending immediately before the commencement day is taken to be an inspection undertaken by the Victorian Inspectorate.
Marengo Reefs Marine Sanctuary The Arches Marine Sanctuary Unregulated land in Point Cooke Marine Sanctuary Part 5 of Schedule Eight Part 11 of Schedule Eight Part 8 of Schedule Eight, to the extent that it is unregulated land 3. Twelve Unregulated land in Point Cooke Marine Sanctuary Part 2 of Schedule Seven Part 4 of Schedule Seven Part 5 of Schedule Seven Part 11 of Schedule Seven Part 8 of Schedule Eight, to the extent that it is unregulated land 1 April 2006 to 31 March 2007 s. 164 (3) Table 2 has effect for the purposes of this Part— s. 164 TABLE 2 Table setting out, in relation to parks, the periods of time for which there are compensation entitlements for eligible charter boat operators Items Column 1 Names of Parks Column 2 Parts and Schedule Numbers of National Parks Act 1975 Column 3 Prescribed Years
(1) Except as provided in this Part, compensation is not payable by the State of to a person who is, or has been at any time, the holder of— (a) a fishery licence; or (b) a general permit under section 49— for any loss, damage or injury whatsoever resulting from or arising out of— S. 165(1)(c) amended by No. 97/2003 s. 11(a). (c) the enactment of the National Parks (Marine National Parks and Marine Sanctuaries) Act 2002 or the Forests and National Parks Acts (Amendment) Act 2003; or S. 165(1)(d) amended by No. 97/2003 s. 11(b)(i)(ii). (d) the existence of any marine national park or marine sanctuary (within the meaning of the National Parks Act 1975) as effected by the operation of the National Parks (Marine National Parks and Marine Sanctuaries) Act 2002 or the Forests and National Parks Acts (Amendment) Act 2003. (2) Nothing in this section prevents any proceeding to recover damages for any loss, damage or injury whatsoever resulting from or arising out of any person negligently or unlawfully exercising, purporting to exercise or failing to exercise any power, duty or authority conferred by or under this Act or the National Parks Act 1975. S. 166 inserted by No. 40/2002 s. 27. 166 Certificate for purposes of evidence s. 166 In any proceedings under this Part, a certificate purporting to be signed by the Secretary, stating that fish or fishing bait was taken for sale in the area set out in the certificate, during the period set
(a) a member or a deputy of the Panel; or (b) an eligible rock lobster access licence holder, an eligible specified access licence holder or an eligible charter boat operator. (3) The Governor in Council may, at any time, on the recommendation of the Minister, remove a deputy and appoint another deputy in accordance with subsection (1). (4) A deputy is appointed for the term, not exceeding 3 years, that is specified in his or her instrument of appointment. (5) A deputy is eligible for re-appointment. (6) Subject to this section, a deputy holds office on those terms and conditions (including as to payment and travel allowances) that are specified in his or her instrument of appointment. S. 191(7) substituted by Nos 108/2004 s. 117(1) (Sch. 3 item 79.6), 80/2006 s. 26(Sch. item 40.6). (7) The Public Administration Act 2004 (other than Part 3 of that Act) applies to a deputy in respect of the office of deputy. (8) A deputy has, while acting in the place of a member, the powers and duties of the member. S. 192 inserted by No. 40/2002 s. 27. 192 Registrar of the Tribunal s. 192 The Secretary must appoint a person to be the Registrar of the Tribunal. S. 193 inserted by No. 40/2002 s. 27. 193 Meetings of the Tribunal
3.16 Regulating the activities of agents of licence and permit holders while acting as agents. 3.17 Reducing the number of licences or permits that are held in respect of a fishery. 3.18 Requiring bonds (or similar financial assurances) as a pre-condition to the issuing of an aquaculture licence to ensure that the area to be used under the licence is restored to a specified state after the expiry of the licence. 4 Boats and Equipment Sch. 3 Sch. 3 cl. 4.1 substituted by No. 108/2003 s. 49(a). 4.1 Providing for the registration of boats including— (a) the transfer and renewal of registration; (b) the refusal of registration, or the transfer or renewal of registration; (c) the cancellation of registration; (d) the obtaining of information on the seaworthiness of boats from other people or bodies; (e) giving recognition to surveys of seaworthiness conducted by appropriate authorities and to certificates from appropriate authorities as to the state of a boat or its current survey status. 4.2 Prescribing equipment to be installed in or carried on fishing boats for the handling or storage of fish. 4.3 Prohibiting or regulating boats having on board commercial fishing equipment while in Victorian waters closed to the use of such equipment. 4.4 Prohibiting or regulating the use of boats or equipment for the taking or landing of fish, fishing bait, protected aquatic biota or noxious aquatic species for sale and prescribing the type of