Version No. 077 Fisheries Act 1995 No. 92 of 1995 Version incorporating amendments as at 10 November 2014 table of provisions Section Page 1 1 Purpose 1 2 Commencement 1 3 Objectives of Act 2 3A Consultation principles 2 4 Definitions and interpretative provisions 5 5 Definition of fish 22 6 Declaration of fishing bait 23 7 Definition of fishery 23 7A Meaning of species 24 7B Expanded meaning of possession of fish or fishing equipment 25 8 Definition of Victorian waters and waters 25 9 Act to bind the Crown 27 10 Crown property 27 11 Application of this Act 27 11A This Act applies to fisheries reserves on land 28 11B Extraterritorial operation of Act 29 11C Licence, approval and quota not personal property 29 31 Division 1—Commonwealth–State management 31 12 Powers and functions of Minister and deputy 31 13 Power to enter into agreements 31 14 Judicial notice and publication of agreement 32 15 Functions of Joint Authority 32 16 Delegation 33 17 Procedure of Joint Authorities 34 18 Report of Joint Authority to be tabled 34 19 Arrangement for management of certain fisheries 35 20 Application of Act to fisheries in accordance with arrangements 37 21 Functions of Joint Authority 37
(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 of consultative body repealed by No. 35/2009 s. 28. * * * * *
S. 4(1) def. of quota notice substituted by No. 5/1997 s. 4(1)(s). quota notice means a notice issued under section 65; s. 4 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). * * * * *
(a) receive for any specified purpose any fish of a specified priority species; (b) receive for sale any other specified fish; S. 41(1)(c) amended by No. 69/2004 s. 3(2), substituted by No. 35/2009 s. 56(3). (c) possess, process or sell any fish of a specified priority species. S. 41(2) amended by No. 35/2009 s. 56(2)(b). (2) The Secretary may issue a fish receiver licence of a particular class to a person. S. 41(3) amended by No. 35/2009 s. 56(2)(b). (3) A fish receiver licence continues in force for the period specified in the licence by the Secretary unless it is sooner cancelled or suspended under this Act. S. 42 substituted by No. 5/1997 s. 9. 42 Offences relating to aquaculture and live fish etc. (1) A person must not— (a) use, form or create a habitat (whether natural, artificial or partly natural or artificial) for hatching, rearing, breeding, displaying or growing fish or fishing bait for sale or other commercial purposes; (b) hatch, rear, breed, display or grow fish or fishing bait for sale or other commercial purposes; or S. 42(1)(ba) inserted by No. 51/2007 s. 5. (ba) stock fish into protected waters; or (c) use any commercial aquaculture equipment— unless he or she is authorised to do so under this Act.
1989 with a function under Part 8 or 11 of that Act. S. 50B inserted by No. 5/1997 s. 9. 50B Fishery licences not transferable unless regulations allow A fishery licence of a particular category or class is not transferable unless the regulations permit the transfer of licences of that category or class. Division 2—Issue, variation, conditions etc. of licences and permits S. 51 substituted by No. 5/1997 s. 9. 51 Issue of fishery licences s. 50B (1) Subject to this Act, the Secretary may issue a fishery licence on— (a) the application of a person who satisfies the eligibility criteria, if any, for the issue of the licence; and (b) the payment of any fees, royalties and levies payable in respect of the issue of the licence. (2) An application for a fishery licence must be made in the form required by the Secretary. (3) In considering whether to issue a fishery licence to a person, the Secretary must also have regard to any relevant recommendations of the Commercial Fisheries Licensing Panel. S. 51(3A) inserted by No. 108/2003 s. 29(2). (3A) Despite anything to the contrary in any law, the Secretary may only issue an access licence or an aquaculture licence to an individual, a single corporation or a cooperative—the Secretary must refuse to issue such a licence to a partnership or a consortium. S. 51(3B) inserted by No. 108/2003 s. 29(2). (3B) Despite anything to the contrary in any law, the Secretary may only issue an access licence or an
S. 53(3)(a) substituted by No. 108/2003 s. 14, amended by No. 35/2009 s. 59(b). (a) that, at the time the offence was committed, there was in force a written agreement between him or her and the person under which the person agreed to comply with all relevant conditions to which the licence or permit was subject and all other relevant requirements of this Act and the regulations; and S. 53(3)(b) substituted by No. 108/2003 s. 14. (b) that he or she did everything else that was reasonably practicable to ensure that the person would comply with the condition; and S. 53(3)(c) inserted by No. 108/2003 s. 14. (c) that he or she did not in any way aid, abet, counsel or procure the person to fail to comply with the condition. S. 53(4) amended by No. 35/2009 s. 59(c). (4) A person who does any thing on behalf of the holder of a licence or a permit must comply with any condition to which the licence or permit is subject in doing that thing. (a) if the offence involves a priority species or the breach of a designated licence condition: 100 penalty units or 6 months imprisonment or both; (b) in any other case: 50 penalty units. Note to s. 53(4) inserted by No. 108/2003 s. 19. Note If a person is convicted under subsection (4), section 128A enables the court to prohibit the person convicted from acting on behalf of certain classes of licence holders in certain cases. S. 54 substituted by No. 5/1997 s. 9. 54 Changes to licence or permit conditions s. 54
S. 57(4)(b) substituted by No. 35/2009 s. 61(2)(c). (b) failed to satisfy the Secretary that he or she continues to be a fit and proper person to hold the licence; or S. 57(4)(c) amended by No. 35/2009 s. 61(2)(d). (c) ceased to be actively, substantially and regularly engaged in the activities authorised by the licence— the Secretary may by notice in writing served on the holder require the holder, within 14 days or such later period as is specified in the notice, to show sufficient cause why the renewal of the licence should not be refused. s. 57 (5) If the holder of the licence fails to show sufficient cause for renewing the licence, the Secretary may refuse to renew the licence. S. 57(6) amended by No. 35/2009 s. 61(3)(a). (6) The Secretary may refuse to renew a fish receiver licence if, in the opinion of the Secretary, the premises or place in respect of which the licence is issued is not appropriate for the activities authorised by the licence. (7) If the Secretary refuses to renew a licence in accordance with this section, the licence is for the purposes of this Act deemed to have been cancelled. s. 57 (8) If the Secretary considers that the holder of the licence is not complying with any requirement applying to the licence by or under this Act, the Secretary may by notice in writing served on the holder defer the renewal of the licence until the licence holder satisfies the Secretary that the requirement has been complied with or that the holder is taking or has taken all reasonable steps to comply with the requirements of the licence. (9) A copy of any notice served on the holder of a licence in accordance with subsection (4) or (8) must, within 7 days of being served, be sent to
each holder of a registered financial interest in the licence. (10) If the renewal of a licence has been deferred under subsection (8), the licence is deemed as from the date of its expiry to have been suspended. (11) The Secretary may defer the renewal of a licence while the licence is suspended by a court. S. 57(12) inserted by No. 108/2003 s. 29(3) (as amended by No. 22/2004 s. 9(1)). (12) Despite anything to the contrary in this section, the Secretary may not renew an access licence or an aquaculture licence unless the person who is to hold the renewed licence is an individual, a single corporation or a co-operative. S. 57(13) inserted by No. 58/2005 s. 12, amended by No. 35/2009 s. 61(3)(b). (13) Despite anything to the contrary in this section, the Secretary may not renew a fish receiver licence unless the person who is to hold the renewed licence is an individual, a single corporation or a co-operative. S. 57(14) inserted by No. 35/2009 s. 61(4). (14) The Secretary may refuse to renew a licence under this section because of the commission of an offence of a type referred to in section 128(1) by the holder of the licence despite a court deciding not to suspend or cancel the licence under that section on convicting or finding the holder guilty of that offence. S. 57A inserted by No. 108/2003 s. 30 (as amended by No. 22/2004 s. 9(2)(a)-(d)). 57A Transitional provision concerning certain licences not held by one person s. 57A (1) If— (a) on the date of commencement of section 30 of the Fisheries (Further Amendment) Act 2003 an access licence or an aquaculture licence is not held by an individual, a single corporation or a co-operative; and (b) by the date the licence is due to expire, an individual, a single corporation or a cooperative that holds the licence or that is a
under this Act or the subject of applications made for the purposes of this Act; (d) examining whether the conditions of any licence, permit or other authority under this Act are being complied with; S. 102(2)(e) amended by No. 5/1997 s. 50(1)(n)(ii). (e) searching for or seizing and removing any noxious aquatic species; s. 102 S. 102(2)(f) amended by No. 37/2014 s. 10(Sch. item 65.11(a)). (f) searching for or seizing and removing or destroying any fish which the authorised officer or police officer believes on reasonable grounds are contaminated in a way, or are in a state, that might render them dangerous for consumption by humans or animals; S. 102(2)(g) amended by No. 5/1997 s. 50(1)(n)(ii). (g) destroying any noxious aquatic species; S. 102(2)(h) amended by No. 5/1997 ss 18(a), 50(1)(n)(i), substituted by No. 17/2002 s. 16, amended by No. 37/2014 s. 10(Sch. item 65.11(a)). (h) inspecting any document which the authorised officer or police officer reasonably believes to be relevant for the purpose of ascertaining whether or not the provisions of this Act, the regulations or a fisheries notice are being observed; S. 102(2)(ha) inserted by No. 17/2002 s. 16. (ha) making extracts, copies or notes of the contents of a document inspected under paragraph (h); (i) seizing any such document if, in the reasonable belief of the authorised officer, the document may assist in the enforcement of this Act.
S. 102(3) amended by No. 37/2014 s. 10(Sch. item 65.11(a)). (3) Any authorised officer or police officer may at any time without warrant search any parcel, basket, bag, box, receptacle, boat, aircraft or vehicle whatsoever or any premises other than a dwelling house for any document or thing. S. 102(4) amended by No. 37/2014 s. 10(Sch. item 65.11(a)). (4) An authorised officer or police officer may direct the operator of any boat, the driver of any vehicle or the pilot of any aircraft to stop the boat, vehicle or aeroplane. S. 102(5) amended by No. 37/2014 s. 10(Sch. item 65.11(a)). (5) If in the circumstances it would be unreasonable or unsafe for the operator, driver or pilot to comply with a directive under subsection (4), the authorised officer or police officer may direct the operator, driver or pilot to proceed elsewhere and stop. s. 102 (6) An authorised officer may upon reasonable notice— S. 102(6)(a) amended by Nos 5/1997 s. 50(1)(o), 17/2002 s. 17. (a) require the production of any records required by this Act to be kept; and (b) examine any such records when so produced; and (c) make extracts, copies or notes of the contents. S. 102(6A) inserted by No. 50/2005 s. 14. (6A) An authorised officer may upon reasonable notice— (a) require a person to produce a document, which the authorised officer reasonably believes to be relevant for the purpose of ascertaining whether or not the provisions of this Act, the regulations or a fisheries notice are being observed; and (b) examine the document; and
(c) make copies of the document or take extracts from it; and (d) remove the document for as long as is reasonably necessary to make copies or take extracts from it. S. 102(6B) inserted by No. 50/2005 s. 14. (6B) A person is not excused from producing a record under subsection (6) or a document under subsection (6A) on the ground that the production of the record or document would tend to incriminate the person or make the person liable to a penalty. s. 102 S. 102(6C) inserted by No. 50/2005 s. 14. (6C) If, before producing a document under subsection (6A), a natural person claims that the producing of the document would tend to incriminate him or her or to make him or her liable to a penalty, the document is not admissible in evidence against the person in any criminal or civil proceeding, or in any proceeding for the imposition of a penalty, against the person, other than in a proceeding for an offence under section 111(1)(f). S. 102(7) amended by No. 37/2014 s. 10(Sch. item 65.11(b)(i)). (7) An authorised officer or police officer may require the holder of a licence or permit to produce the licence or permit for inspection on demand either— (a) immediately; or S. 102(7)(b) amended by No. 37/2014 s. 10(Sch. item 65.11(b)(ii)). (b) if the holder does not have the licence or permit in his or her possession, at a time within 7 days of the demand and a place stipulated by the authorised officer or police officer. 4 penalty units. S. 102(8) amended by No. 37/2014 s. 10(Sch. item 65.11(c)). (8) If an authorised officer or a police officer directs a person to produce a licence or permit at a subsequent time and place, it is a sufficient compliance with the direction if the person sends
S. 103B(1) amended by No. 37/2014 s. 10(Sch. item 65.15). (1) If the occupier is present on land or premises where a search warrant is being executed, the authorised officer or police officer must— (a) identify himself or herself to the occupier; and (b) give to the occupier a copy of the warrant. S. 103B(2) amended by No. 37/2014 s. 10(Sch. item 65.15). (2) If the occupier is not present on the land or premises where a search warrant is being executed but another person is present, the authorised officer or police officer must— (a) identify himself or herself to that person; and (b) give the person a copy of the warrant. 104 Provisions relating to the seizure of items s. 103B S. 104(1) amended by No. 37/2014 s. 10(Sch. item 65.16(a)). (1) If an authorised officer or a police officer seizes any thing under section 102, 103 or 105 from a person who is present at the time of the seizure, the authorised officer or police officer must as soon as practicable give the person a written receipt for the thing seized. S. 104(2) amended by No. 37/2014 s. 10(Sch. item 65.16(b)). (2) In all other cases, if an authorised officer or a police officer seizes a thing and it is not possible to immediately give the owner of the thing, or person in possession or apparently in possession of the thing, or a person apparently aged 16 years or over and who is apparently employed by or an agent of the owner, a receipt for it, the authorised officer or police officer must within 7 days send or cause to be sent a receipt for it by post to the address of the owner of the thing last known by the Secretary. S. 104(3) amended by No. 37/2014 s. 10(Sch. item 65.16(c)). (3) If the authorised officer or police officer is unable to ascertain the identity or the address of the owner of any thing that has been seized, the receipt must be left with, or be posted to, the
withdrawn or abandoned, or until the day specified by the Court, as the case may be. 105 Powers of seizure S. 105(1) amended by No. 37/2014 s. 10(Sch. item 65.18). s. 105 (1) For preventing the commission, repetition or continuation of an offence against this Act, the regulations or a fisheries notice, any authorised officer or any police officer— S. 105(1)(a) amended by No. 21/2011 s. 4. (a) may seize any fishing equipment the possession, sale or use of which is prohibited under this Act, the regulations or a fisheries notice in any particular case; or S. 105(1)(b) amended by No. 5/1997 s. 50(1)(p). (b) may at any time with or without warrant seize any fish, protected aquatic biota or noxious aquatic species taken or reasonably suspected to have been taken by any person or in the possession or under the control of any person contrary to this Act, the regulations or a fisheries notice. S. 105(2) amended by Nos 69/2004 s. 6(4), 37/2014 s. 10(Sch. item 65.18). (2) An authorised officer or police officer may seize any thing (including boats, trailers, aircraft, motor vehicles, non-motorised vehicles, communications equipment, viewing or scanning devices, fishing equipment, diving equipment, processing equipment, fish, tools, electronic equipment, office equipment, provisions, materials, protected aquatic biota, noxious aquatic species, and documents) that is being used by, or that is in the possession of, a person who has just committed or is reasonably suspected of having committed, is committing or appears to be just about to commit, an offence against this Act, the regulations or a fisheries notice. S. 105(3) amended by No. 37/2014 s. 10(Sch. item 65.18). (3) Subsections (1) and (2) extend to any case where a person is found behaving or acting in such a manner or under such circumstances that the authorised officer or police officer believes on
or she was required by this Act to give the information. S. 110 (Heading) inserted by No. 17/2002 s. 23(1). 110 Hot pursuit of persons and boats beyond Victorian waters s. 110 S. 110(1) amended by Nos 17/2002 s. 23(2), 37/2014 s. 10(Sch. item 65.22(a)(i)). (1) An authorised officer or police officer may exercise with respect to a person or boat at a place at sea outside Victorian waters (but not within the territorial sea of another country) a power conferred on an authorised officer or police officer by this Part if— S. 110(1)(a) amended by No. 37/2014 s. 10(Sch. item 65.22(a)(ii)). (a) one or more authorised officers or police officers (whether or not including the authorised officer or police officer exercising the power) have pursued the person or boat from a place within those waters to the place; and S. 110(1)(b) amended by No. 37/2014 s. 10(Sch. item 65.22(a)(i)). (b) the pursuit was not stopped or interrupted at any time before the authorised officer or police officer concerned arrived at the place for the purpose of exercising the power. S. 110(2) amended by No. 37/2014 s. 10(Sch. item 65.22(b)). (2) For the purposes of this section, a pursuit of a person or boat is taken not to have stopped or to have been interrupted only because the authorised officer or officers or police officer or police officers concerned have temporarily lost sight of the person or boat. (3) A reference in this section to having lost sight of a person or boat includes losing output from a radar or other sensing device.
(a) this Act; or (b) the Fisheries Act 1968; or (c) a law of the Commonwealth or another State or Territory that corresponds to this Act— for any offence that occurred more than 10 years before the date of the offence for which the court is determining the penalty. s. 131 __________________ 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; illicit goods means goods the possession, taking, receiving, buying, selling, consigning, storing or trafficking of which is a contravention of this Act; S. 131A def. of law enforcement officer amended by No. 37/2014 s. 10(Sch. item 65.24). law enforcement officer means— (a) an authorised officer; or (b) a police officer; participant in an authorised operation means a law enforcement officer who is authorised under an authority to engage in controlled conduct for the purposes of the operation; principal law enforcement officer for a controlled operation means the law enforcement officer who is responsible for the conduct of the operation; relevant offence means— s. 131A (a) an offence against section 36, 37, 40, 42, 44, 67, 68A, 68B, 76, 111, 111A to 111C, 114, 116, 119A or 119B; or (aa) an associated offence in relation to any offence listed in paragraph (a); or (b) an offence against the regulations;
S. 131T(4) amended by No. 82/2012 s. 103(2). (4) The Victorian Inspectorate must exclude information from the report if satisfied on the advice of the Secretary of any of the grounds set out in subsection (3). S. 131T(5) substituted by No. 82/2012 s. 103(3). (5) The Victorian Inspectorate must transmit the report to each House of Parliament as soon as practicable after the earlier of— (a) the day on which the Victorian Inspectorate received the Secretary's advice under subsection (3); (b) 14 days after the day the Victorian Inspectorate gave the report to the Secretary. (6) Nothing in this section requires particulars of an authorised operation to be included in a report for a year if the operation had not been completed as at 30 June in that year, but the particulars must instead be included in the report for the year in which the operation is completed. S. 131T(7) substituted by No. 82/2012 s. 103(4). (7) A report under this section may be combined with a report of the Victorian Inspectorate under section 39 of the Crimes (Controlled Operations) Act 2004. S. 131U inserted by No. 16/2004 s. 49. 131U Keeping documents connected with authorised operations s. 131U The Secretary must cause the following to be kept— (a) each application for authority; and (b) each authority; and (c) each application for variation of authority; and (d) each variation of authority; and (e) each order cancelling an authority; and
performance of official duties or in the performance of a function or the exercise of a power referred to in that subsection; s. 146 S. 146(2)(c) substituted by No. 69/2004 s. 20. (c) producing some or all of a document or divulging or communicating information to a person or body specified by the regulations for the purposes of this section if the production, divulging or communicating is authorised by the regulations or the Secretary and complies with any conditions or restrictions specified by the regulations or the Secretary for the purposes of this section; (d) producing a document or divulging or communicating information that is required or permitted by any Act to be produced, divulged or communicated, as the case may be if, where the document or information relates to the personal affairs of another person, that other person has given consent in writing; S. 146(2)(e) inserted by No. 5/1997 s. 38. (e) using skills that were developed as a result of having access to any information referred to in subsection (1) where the use of the skills does not involve the disclosure of the information. 147 Improper use of information s. 147 A person must not use any information obtained during the course of the person's duties under this Act to obtain directly or indirectly any pecuniary or other advantage for himself or herself or for any other person. 200 penalty units or imprisonment for 12 months or both. S. 147A inserted by No. 69/2004 s. 21. 147A Use of information contrary to restrictions (1) This section applies if—
S. 151(2)(da) inserted by No. 58/2005 s. 10(2), repealed by No. 64/2013 s. 7(3). * * * * * S. 151(2)(e) inserted by No. 22/2004 s. 7(b), amended by No. 51/2007 s. 10(a), repealed by No. 64/2013 s. 7(3). * * * * * S. 151(2)(f) inserted by No. 51/2007 s. 10(b), repealed by No. 64/2013 s. 7(3). * * * * * S. 151(3) substituted by No. 5/1997 s. 41(3), amended by No. 80/2000 s. 18(c). (3) The regulations may prescribe the manner in which, the period in respect of which, and the date by when, a levy is to be paid. S. 151(4) amended by No. 80/2000 s. 18(d). (4) A levy may be used for any one or more of the following— (a) fisheries promotion and marketing; S. 151(4)(b) substituted by No. 5/1997 s. 41(4). (b) compliance; S. 151(4)(ba) inserted by No. 5/1997 s. 41(4). (ba) management;
(ii) as formulated, issued, prescribed or published at the time the regulations are made or at any time before then; or (iii) as formulated, issued, prescribed or published from time to time; and S. 153(4)(d) amended by Nos 5/1997 s. 44(c), 64/2013 s. 9(1). s. 153 (d) so as to leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by any government department, municipal council, statutory body or public authority or any officer thereof; and S. 153(4)(e) amended by No. 64/2013 s. 9(1)(2). (e) so as to confer powers or impose duties in connection with the regulations on any government department, municipal council, public authority, representative body or any officer thereof; and (f) so as to apply, adopt or incorporate, with or without modification, the provisions of any Act or of any regulations made under any Act as in force at a particular time; and S. 153(4)(g) amended by No. 5/1997 s. 44(d). (g) so as to provide in a specified case or class of case for the exemption of persons or things or a class of persons or things from any of the provisions of this Act or the regulations, whether unconditionally or on specified conditions and either wholly or to such an extent as is specified; and (h) so as to impose a penalty not exceeding 20 penalty units for a contravention of the regulations. s. 153 (5) If under subsection (4)(c)(iii) a regulation has applied, adopted or incorporated any matter contained in any document, code, standard, rule, specification or method as formulated, issued, prescribed or published from time to time and that document, code, standard, rule, specification or
entitlements for eligible rock lobster access licence holders and eligible specified access licence holders Items Column 1 Names of Parks and Sanctuaries Column 2 Parts and Schedule Numbers of National Parks Act 1975 Column 3 Compensable Years 1. Ninety Part 1 of Schedule Seven Part 3 of Schedule Seven Part 6 of Schedule Seven Part 7 of Schedule Seven 16 November 2002 to 31 March 2003 1 April 2003 to 31 March 2004 Items Column 1 Names of Parks and Sanctuaries Column 2 Parts and Schedule Numbers of National Parks Act 1975 Column 3 Compensable Years Beware Reef Marine Sanctuary Marengo Reefs Marine Sanctuary The Arches Marine Sanctuary Part 8 of Schedule Seven Part 9 of Schedule Seven Part 10 of Schedule Seven Part 12 of Schedule Seven Part 13 of Schedule Seven Part 2 of Schedule Eight Part 5 of Schedule Eight Part 11 of Schedule Eight 2. All marine Parts 1 to 13 of 1 April 2004
national parks Beware Reef Marine Sanctuary Schedule Seven Part 2 of Schedule Eight to 31 March 2005 1 April 2005 to 31 March 2006 s. 164 Items Column 1 Names of Parks and Sanctuaries Column 2 Parts and Schedule Numbers of National Parks Act 1975 Column 3 Compensable Years 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
Parks Act 1975 Years 2. Part 2 of Schedule Seven Part 4 of Schedule Seven Part 5 of Schedule Seven 1 April 2004 to 31 March 2005 1 April 2005 to 31 March 2006 1 April 2006 to 31 March 2007 Twelve Part 11 of Schedule Seven S. 165 inserted by No. 40/2002 s. 27. 165 Compensation only payable to licence holders and permit holders as provided in this Part s. 165 (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)
S. 197 inserted by No. 40/2002 s. 27. 197 Tabling of annual reports on fisheries s. 197 The Minister must cause each report prepared under section 196 to be laid before each House of Parliament by 30 November next following the end of the licence year for which the report has been prepared, or, if either House is not then sitting, within 5 sitting days of that House after that date. S. 198 inserted by No. 40/2002 s. 27. 198 Minister to have regard to reports In exercising his or her powers, functions and duties under this Act, the Minister must have regard to reports prepared under section 196. __________________ Pt 11 (Heading and ss 199–214) inserted by No. 108/2003 s. 47. Division 1—Preliminary matters S. 199 inserted by No. 108/2003 s. 47. 199 Application of this Part s. 199 This Part applies to any disputed claim under section 63. S. 200 inserted by No. 108/2003 s. 47. 200 Definitions In this Part— claimant means a person who makes, or is entitled to make, a claim for compensation under section 63; Court means the Supreme Court; Tribunal means the Victorian Civil and Administrative Tribunal established by the
final offer made by the Secretary before the application is made to the Tribunal in respect of the claim or the matter is referred to the Court under this Part. S. 203 inserted by No. 108/2003 s. 47. 203 Form of notice of referral A notice of referral under section 201 to the Court must be in the form specified by the regulations and must be accompanied by copies of— (a) the notice of cancellation and the direction under which the licence was cancelled; (b) the initial offer of compensation made by the Secretary (if any); (c) the claim made by the claimant; and (d) the reply (if any) of the Secretary to the claim. S. 204 inserted by No. 108/2003 s. 47. 204 Service of notice of referral on other parties s. 204 A party who refers a disputed claim to the Court must cause a copy of the notice of referral under section 201 to be served on the other parties to the dispute. S. 205 inserted by No. 108/2003 s. 47. 205 Withdrawal application The principal registrar of the Tribunal may grant any application by consent of the parties for adjournment or withdrawal of any claim for compensation referred to the Tribunal. Division 3—Compulsory conference in the court S. 206 inserted by No. 108/2003 s. 47. 206 Compulsory conference (1) The Court may order the parties to any disputed claim referred to it to attend a compulsory conference to be conducted by the Court or a Master of the Court.
3.1 Creating new categories of fishery licences authorising the holders of the licences to carry out specified activities relating to specified fish or fisheries. 3.2 Creating new categories of licences and permits authorising the holders of the licences or permits to do anything else regulated by this Act. 3.3 Creating, modifying or revoking classes of licences and permits within categories of licences and permits. 3.4 Prescribing procedures and conditions for the issue of new licences whether upon application or by public tender. 3.5 Prescribing the maximum number of licences of a particular type that may be issued in respect of a particular fishery or activity. Sch. 3 3.6 Prescribing the maximum number of licences of a particular class or in respect of a particular fishery or activity that may be held by the same person. 3.7 Prescribing which classes of licences are transferable or renewable and which are not (where this is not dealt with by this Act). 3.8 Prescribing procedures and conditions for the transfer or renewal of licences and permits that are transferable or renewable. 3.9 Prescribing grounds for the refusal of the issue or variation of licences and permits and for the refusal of the transfer or renewal of licences and permits that are transferable or renewable. Sch. 3 cl. 3.9A inserted by No. 35/2009 s. 75. 3.9A Prescribing grounds for the suspension of a licence. 3.10 Prohibiting or regulating the granting of fishery licences to corporations.
Assent Date: 16.3.10 Commencement Date: Ss 11–13 on 17.3.10: s. 2 : This information relates only to the provision/s amending the Fisheries Act 1995 Marine Safety Act 2010, No. 65/2010 Assent Date: 28.9.10 Commencement Date: S. 420(Sch. 3 item 7) on 1.7.12: s. 2(2) : This information relates only to the provision/s amending the Fisheries Act 1995 Personal Property Securities (Statute Law Revision and Implementation) Act 2010, No. 74/2010 Assent Date: 19.10.10 Commencement Date: S. 24 on 30.1.12: Special Gazette (No. 423) 21.12.11 p. 3 : This information relates only to the provision/s amending the Fisheries Act 1995 Fisheries Amendment Act 2011, No. 21/2011 Assent Date: 7.6.11 Commencement Date: 1.8.11: Special Gazette (No. 237) 19.7.11 p. 1 : All of Act in operation Statute Law Revision Act 2011, No. 29/2011 Assent Date: 21.6.11 Commencement Date: S. 3(Sch. 1 item 39) on 22.6.11: s. 2(1) : This information relates only to the provision/s amending the Fisheries Act 1995 Endnotes Water Amendment (Governance and Other Reforms) Act 2012, No. 17/2012 Assent Date: 3.4.12 Commencement Date: S. 86 on 1.7.12: Special Gazette (No. 172) 29.5.12 p. 1 : This information relates only to the provision/s amending the Fisheries Act 1995 Integrity and Accountability Legislation Amendment Act 2012, No. 82/2012 Assent Date: 18.12.12 Commencement Date: Ss 100–105 on 10.2.13: Special Gazette (No. 32) 6.2.13 p. 2 : This information relates only to the provision/s amending the Fisheries Act 1995 Co-operatives National Law Application Act 2013, No. 9/2013 Assent Date: 13.3.13 Commencement Date: S. 42(Sch. 2 item 9) on 3.3.14: Special Gazette (No. 46) 18.2.14 p. 1 : This information relates only to the provision/s amending the Fisheries Act 1995 Fisheries Amendment Act 2013, No. 64/2013