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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Fisheries Amendment Bill 2007
TABLE OF PROVISIONS
Clause Page
1 Purpose 1
2 Commencement 2
3 Definitions 2
4 Access licences 3
5 Offences relating to aquaculture and live fish 3
6 Aquaculture licences 3
7 Offences relating to recreational fishing 4
8 Recreational fishery licences 5
9 General permits 5
10 Levies for aquaculture licences 7
11 Regulations 7
12 Insertion of new Division heading 7
13 Insertion of new section 153C 7
153C Restriction against commercial net fishing in Western
Port 7
14 Repeal of Act 8
ENDNOTES 9
561078B.I-21/8/2007 i BILL LA INTRODUCTION 21/8/2007
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Fisheries Amendment Bill 2007
A Bill for an Act to amend the Fisheries Act 1995 and for other
purposes.
The Parliament of Victoria enacts:
1 Purpose
The purpose of this Act is to amend the Fisheries
Act 1995--
(a) to prohibit commercial net fishing in
5 Western Port; and
(b) to define recreational fishing equipment; and
(c) to make other miscellaneous amendments to
that Act.
561078B.I-21/8/2007 1 BILL LA INTRODUCTION 21/8/2007
Fisheries Amendment Bill 2007
s. 2
2 Commencement
(1) This Act (other than sections 3(2), 7, 8 and 9(2))
comes into operation on the day after the day on
which it receives the Royal Assent.
5 (2) Subject to subsection (3), sections 3(2), 7, 8 and
9(2) come into operation on a day or days to be
proclaimed.
(3) If a provision referred to in subsection (2) does
not come into operation before 1 April 2009, it
10 comes into operation on that day.
3 Definitions
See: (1) In section 4(1) the Fisheries Act 1995--
Act No.
92/1995.
Reprint No. 5
(a) in paragraph (h) of the definition of
as at commercial fishing equipment omit
1 July 2006
15 and
"crab pot,";
amending
Act Nos (b) insert the following definition--
16/2004,
87/2005 and "stock in relation to fish, includes the
80/2006. releasing, putting or introducing of fish
LawToday:
www. into waters;".
legislation.
20 vic.gov.au (2) In section 4(1) the Fisheries Act 1995--
(a) for paragraph (a) of the definition of
commercial fishing equipment substitute--
"(a) any fish trap, hoop net or fishing net
(other than recreational fishing
25 equipment when used by a recreational
fisher in accordance with this Act);";
(b) for paragraph (f) of the definition of
commercial fishing equipment substitute--
"(f) any recreational fishing equipment
30 when being used by or under the
supervision of a fishery licence or
permit holder (or the agent of such a
561078B.I-21/8/2007 2 BILL LA INTRODUCTION 21/8/2007
Fisheries Amendment Bill 2007
s. 4
holder) as part of a commercial fishing
activity;";
(c) insert the following definition--
" recreational fishing equipment means any
5 fishing equipment prescribed in the
regulations to be recreational fishing
equipment;".
4 Access licences
After section 38(1)(b) of the Fisheries Act 1995
10 insert--
"(ba) sell any fish of a specified priority species;".
5 Offences relating to aquaculture and live fish
After section 42(1)(b) of the Fisheries Act 1995
insert--
15 "(ba) stock fish into protected waters; or".
6 Aquaculture licences
(1) In section 43(1) of the Fisheries Act 1995--
(a) after paragraph (b) insert--
"(ba) stock fish into protected waters;";
20 (b) in paragraph (c), for "generally." substitute
"generally;";
(c) after paragraph (c) insert--
"(d) possess specified commercial
aquaculture equipment or possess
25 commercial aquaculture equipment
generally;
(e) engage one or more people to do one or
more of the things listed in this
subsection.".
561078B.I-21/8/2007 3 BILL LA INTRODUCTION 21/8/2007
Fisheries Amendment Bill 2007
s. 7
(2) In section 43(1A) of the Fisheries Act 1995, for
"(1)(a) to (1)(c)" substitute "(1)(a) to (1)(e)".
(3) In section 43(4) of the Fisheries Act 1995, for
"take, store and consign for sale" substitute
5 "take, possess, store or sell".
7 Offences relating to recreational fishing
For sections 44(1) and 44(2) of the Fisheries Act
1995 substitute--
"(1) A person must not--
10 (a) take or attempt to take fish from marine
waters or inland waters; or
(b) use or possess recreational fishing
equipment in, on or next to Victorian
waters--
15 unless he or she is authorised to do so by a
recreational fishery licence or is otherwise
authorised under this Act.
Penalty: If the offence involves the use of a
recreational hoop net: 10 penalty
20 units.
In any other case: 5 penalty units.
(2) A person must comply with sub-section (3)
if the person claims to be the holder of a
recreational fishery licence and the person--
25 (a) takes or attempts to take fish from
marine waters or inland waters; or
(b) uses or possesses recreational fishing
equipment in, on or next to Victorian
waters.
30 Penalty: 5 penalty units.".
561078B.I-21/8/2007 4 BILL LA INTRODUCTION 21/8/2007
Fisheries Amendment Bill 2007
s. 8
8 Recreational fishery licences
For section 45(1) of the Fisheries Act 1995
substitute--
"(1) The regulations may create classes of
5 recreational fishery licences and may specify
that the holder of a recreational fishery
licence of a particular class may do one or
more of the following for any purpose other
than for the taking of fish for sale--
10 (a) take or attempt to take specified fish
from marine waters or inland waters;
(b) use or possess recreational fishing
equipment in, on or next to Victorian
waters.".
15 9 General permits
(1) In section 49(2) of the Fisheries Act 1995--
(a) in paragraphs (a) and (b), for "take fish"
(wherever occurring) substitute "take or
possess fish";
20 (b) in paragraph (g)--
(i) omit "(other than for sale)";
(ii) for subparagraph (ii) substitute--
"(ii) to hatch, rear, breed, display, grow
or sell fish or fishing bait; or";
25 (c) in paragraph (h)--
(i) for "take fish" substitute "take or
possess fish";
(ii) for "event." substitute "event; or";
561078B.I-21/8/2007 5 BILL LA INTRODUCTION 21/8/2007
Fisheries Amendment Bill 2007
s. 9
(d) after paragraph (h) insert--
"(i) to sell any fish of a specified priority
species; or
(j) to take or possess more fish than the
5 catch limit for that species of fish; or
(k) to take or 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
10 that species of fish; or
(l) to take fish of a specified species of fish
during the closed season for that
species of fish; or
(m) to take, land, process, sell or possess
15 fish of a specified species of fish that is
prohibited from being taken, landed,
processed, sold or possessed--
(i) absolutely or during a specified
period; or
20 (ii) in any waters or specified waters;
or
(n) to carry out an activity in a fishery if
the activity is not inconsistent with any
regulations, management plan or
25 Ministerial direction.".
(2) For section 49(2)(f) of the Fisheries Act 1995
substitute--
"(f) to use or possess specified commercial
abalone equipment, commercial fishing
30 equipment, commercial aquaculture
equipment or recreational fishing equipment;
or".
561078B.I-21/8/2007 6 BILL LA INTRODUCTION 21/8/2007
Fisheries Amendment Bill 2007
s. 10
10 Levies for aquaculture licences
In section 151(2) of the Fisheries Act 1995--
(a) in paragraph (e), for "held." substitute
"held; or";
5 (b) after paragraph (e) insert--
"(f) in the case of an aquaculture licence, as
the total of one or more amounts
determined in respect of areas specified
in the licence.".
10 11 Regulations
For section 153(4)(a) of the Fisheries Act 1995
substitute--
"(a) so as to apply by way of general or of
specially limited application; and
15 (ab) so as to differ according to differences in
time, place or circumstance; and".
12 Insertion of new Division heading
Before section 153A of the Fisheries Act 1995
insert--
20 "Division 4--Cancellation of licences and
restrictions on fishing".
13 Insertion of new section 153C
After section 153B of the Fisheries Act 1995
insert--
25 "153C Restriction against commercial net fishing
in Western Port
(1) Despite anything to the contrary in this Act,
a holder of a Westernport/Port Phillip Bay
Fishery Access Licence is not authorised to
30 use any fishing net in Western Port on and
from 1 December 2007.
561078B.I-21/8/2007 7 BILL LA INTRODUCTION 21/8/2007
Fisheries Amendment Bill 2007
s. 14
(2) The holder of a Westernport/Port Phillip Bay
Fishery Access Licence that is in force
immediately before section 13 of the
Fisheries Amendment Act 2007 comes into
5 operation may be entitled to be paid an
amount determined by the Treasurer and the
Minister.
(3) Despite any Act (other than the Charter of
Human Rights and Responsibilities) or law
10 to the contrary, the State of Victoria is not
liable in any other way for any loss, damage
or injury whatsoever resulting from or
arising out of the restriction on the use of any
fishing net in Western Port under subsection
15 (1).
(4) Any amount determined by the Treasurer
and the Minister under this section must be
paid out of the Consolidated Fund (which is,
by this subsection, appropriated to the
20 necessary extent).
(5) In this section--
Western Port means all of the waters of the
bay known as Western Port which lie
north of a line bearing 53° east from
25 Cape Woolamai to the opposite shore
and a line running directly from West
Head at Flinders to the southern most
point of Point Grant on Phillip Island;
Westernport/Port Phillip Bay Fishery
30 Access Licence means the class of
access licence referred to in regulation
201 of the Fisheries Regulations
1998.".
14 Repeal of Act
35 This Act is repealed on 1 April 2010.
561078B.I-21/8/2007 8 BILL LA INTRODUCTION 21/8/2007
Fisheries Amendment Bill 2007
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561078B.I-21/8/2007 9 BILL LA INTRODUCTION 21/8/2007
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