FISHERIES ACT 1995

Victorian Consolidated Legislation

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FISHERIES ACT 1995

No. 92 of 1995
Version incorporating amendments as at 20 August 2009

TABLE OF PROVISIONS

Section Page

PART 1-PRELIMINARY

1. Purpose
2. Commencement
3. Objectives of Act
3A. Consultation principles
4. Definitions and interpretative provisions
5. Definition of fish
6. Declaration of fishing bait
7. Definition of fishery
7A. Meaning of species
7B. Expanded meaning of possession of fish or fishing equipment
8. Definition of Victorian waters and waters
9. Act to bind the Crown
10. Crown property
11. Application of this Act
11A. This Act applies to fisheries reserves on land
11B. Extraterritorial operation of Act

PART 2-COMMONWEALTH AND STATE MANAGEMENT OF FISHERIES

Division 1-Commonwealth-State management

12. Powers and functions of Minister and deputy
13. Power to enter into agreements
14. Judicial notice and publication of agreement
15. Functions of Joint Authority
16. Delegation
17. Procedure of Joint Authorities
18. Report of Joint Authority to be tabled
19. Arrangement for management of certain fisheries
20. Application of Act to fisheries in accordance with
arrangements
21. Functions of Joint Authority
22. Joint Authority to exercise certain powers instead of Minister
23. Provisions to apply to Joint Authority fishery
24. Statement in an arrangement to be sufficient evidence
25. Regulations and notices

Division 2-State-State management

26. Power to enter into agreements
27. Powers and functions

PART 3-MANAGEMENT PLANS

28. Management plans
29. Contents of fishery management plan
30. Contents of fisheries reserve management plan
31. Contents of declared noxious aquatic species management
plan
32. Submissions on management plan
33. Amendment of management plan
34. Duty of public authorities
35. Inconsistency

PART 4-REGULATION OF FISHERIES

Division 1-Offences, licences, general permits and authorisations

36. Offences relating to commercial fishing activities
37. Offences relating to commercial abalone equipment
38. Access licences
39. Restrictions concerning access licences
40. Offence to receive or sell any fish
41. Fish receiver licences
42. Offences relating to aquaculture and live fish etc.
43. Aquaculture licences
44. Offences relating to recreational fishing
45. Recreational fishery licences
46. Group recreational fishery licence
47. Recreational fishing that does not require a licence
48. Repealed
49. General permit
50. Special provisions concerning general permits for developing fisheries
50A. Licence does not confer automatic rights on water authority property
50B. Fishery licences not transferable unless regulations allow

Division 2-Issue, variation, conditions etc. of licences and permits

51. Issue of fishery licences
51A. Minister may determine that licences be publicly sold
52. Conditions of fishery licences and permits
53. Offence to fail to comply with licence or permit conditions
54. Changes to licence or permit conditions
55. Variations of licences and permits by regulation
56. Transfer of licences
57. Certain licences may be renewed
57A. Transitional provision concerning certain licences not held by one person
57B. Restriction on the re-issue of cancelled licences
57C. Transitional provision concerning certain licences not held by one person
58. Powers of Secretary to cancel or suspend licences
58A. Licences or permits must be returned to Secretary
59. Registration of financial interests
59A. Registration of financial interests
60. Cancelled transferable licences may be transferred
60A. Removal notice on cessation of aquaculture activities

Division 3-Ministerial directions and quota notices concerning fisheries

61. Minister may issue directions
61A. Validation of direction published on 3 April 2003.
62. Repealed
63. Compensation arising from the cancellation of access licences under section 62.
64. Initial quota order
64A. Further quota order
64AB. Sub-zone orders
64B. General quota order provisions
64C. No compensation payable for losses resulting from quota
orders
65. Quota notices
65A. Transfer of individual quota units
65B. Minister may determine that quota units be publicly sold
66. Offences in relation to individual quota
66A. Offences in relation to sub-zones

Division 3A-Abalone quota

66B. Existing quota orders
66C. Initial abalone quota order
66D. Further abalone quota order
66E. Sub-zone abalone orders
66F. When abalone quota order takes effect
66G. Abalone Fishery Access Licence specification
66H. Abalone quota unit holding statement
66I. Entitlement of holder of an individual abalone quota unit
66J. Notification by holder of an individual abalone quota unit
66K. Transfer of individual abalone quota units
66L. Minister may determine that quota units be publicly sold
66M. Offences in relation to individual abalone quota by holders
of Abalone Fishery Access Licences
66N. Offences in relation to abalone sub-zones
66O. Requirement on holder of an Abalone Fishery Access Licence
to hold minimum number of individual blacklip abalone quota units
66P. Additional penalty on holder of an individual abalone quota
unit in relation to an abalone offence
66Q. Penalty for failure to pay royalty or levy
66R. Forfeiture of individual abalone quota unit

Division 4-Fishing closures and restrictions

67. Fishing closures
68. Prohibition to prevail
68A. Offences in relation to size and catch limits
68B. Possession of fish taken in non-Victorian waters

PART 5-PROTECTION OF FISHERIES

Division 1-Protected aquatic biota

69. Declaration of protected aquatic biota
70. Provisions applying to declaration
71. Authorisation in relation to protected aquatic biota
72. Protected aquatic biota permits
73. Order in Council

Division 2-Noxious aquatic species

74. Repealed
75. Declaration of noxious aquatic species
76. Offences concerning prohibited noxious aquatic species
77-80. Repealed
81. Noxious aquatic species permits
82. Revocation of permit
83. Authorisation
84. Notice to be given of location of noxious aquatic species
85. Seizure and removal of noxious aquatic species
86. Prevention of spread of aquatic noxious species
87. No penalty if noxious aquatic species specimen is killed immediately

Division 3-Fisheries reserves

88. Fisheries reserves
89. Provisions applying to fisheries reserves

PART 6-Repealed

90-97. Repealed

PART 7-ENFORCEMENT AND LEGAL PROCEEDINGS

Division 1-Enforcement powers

98. References in this Part to offences include associated Crimes
Act offences
99-101. Repealed
101A. Authorised officer may execute warrant to arrest
101B. Powers of arrest
101C. Power to arrest person in breach of an order
101D. Arrest on reasonable grounds not to be taken to be
unlawful
101E. Power to arrest person released on bail
101F. Power to arrest a person against whom a warrant has been issued
101G. Power to search person for priority species
101H. Records of searches
101I. Information on searches to be included in annual report
102. Powers of entry and inspection
102A. Production of financial records
103. Powers to search land or premises
103A. Announcement before entry
103B. Details of warrant to be given to occupier
104. Provisions relating to the seizure of items
104A. Magistrates' Court may extend 21 day period
105. Powers of seizure
106. Forfeiture or return of things seized or retained
106A. Magistrates' Court may extend 90 day period
107. Disposal of live fish or perishable things
108. Offence in relation to property seized or retained
108A. Retention notices
108B. Evidentiary provisions relating to retention notices
109. Power to require name and address
110. Hot pursuit of persons and boats beyond Victorian waters
110A. Repealed
111. Offences with respect to authorised officers

Division 1A-Indictable offences

111A. Offence to traffick in a commercial quantity of a priority species
111B. Offence to take a commercial quantity of a priority species within 24 hours
111C. Offence to possess a commercial quantity of a priority
species

Division 2-Other general offences

112. Use of explosives, poisons, substances or equipment for
fishing
113. Interference with lawful fishing activities or aquaculture activities
114. Prohibition on possession, sale or use of boats and equipment
115. Unlawful interference with commercial fishing equipment
or aquaculture equipment
116. Sale of fish taken in contravention of this Act or
corresponding law
117. Use of foreign boat for fishing
118. Having foreign boat equipped with commercial fishing equipment
118A. Abalone only to be sold in properly labelled packaging
118B. Abalone packaging not to be disturbed
119. Passage of fish not to be blocked
119A. Offence to knowingly make false or misleading
statements
119B. Offence to make false or misleading statements
120. Liability for offences

Division 2A-Offences concerning records and the keeping of information

120A. Secretary may require details of fish etc. taken or received
120AA. Documents detailing sale of certain fish to be created
120AB. Documents detailing receipt of certain fish to be obtained
120AC. Possessor of certain quantities of fish to produce
document concerning possession
120B. Documents to be kept for 3 years
120C. Writing to be legible, visible and in English

Division 3-Proceedings and evidentiary

121. Service
122. Evidentiary and onus of proof provisions
123. Simplification of proof
123A. Procedure to be followed before certain certificates are evidence
124. Statement to be evidence of authority
124A. Statement to be evidence of certain matters
125. Evidence of locality
126. Evidence of consignment
126A. Evidence of weight or measurement
126B. Label of can of abalone is evidence of contents
127. Time for bringing proceedings

Division 4-Additional penalties and remedies

128. Additional penalties for licence holders committing offences
128A. Additional penalty for agents of licence holders
129. Additional penalty-offence by corporation
130. Court may prohibit person from being on boats or certain
places
130A. Further prohibition court order
130B. Prohibition to be in or on specified waters
130C. Contempt of court proceedings if order breached
131. 10 year limit on previous offences by licence holders

PART 7A-CONTROLLED OPERATIONS

Division 1-Introduction

131A. Definitions
131B. Evidentiary matters

Division 2-Authorisation of controlled operations

131C. Applications for authorities to conduct controlled
operations
131D. Determination of applications
131E. Matters to be taken into account
131F. Form of authority

Division 3-Variation and cancellation of authorities

131G. When can an authority be varied?
131H. Application for variation of authority
131I. Determination of application to vary authority
131J. Form of variation of authority
131K. Cancellation of authorities

Division 4-Effect of authorities

131L. Effect of authorities
131M. Defect in authority
131N. Effect of being unaware of variation or cancellation of authority
131O. Protection from criminal responsibility for certain
ancillary conduct

Division 5-Notification of third parties

131P. Notification requirements

Division 6-Compliance and monitoring

131Q. Unauthorised disclosure of information
131R. Principal law enforcement officers' reports
131S. Secretary's reports
131T. Annual report by Special Investigations Monitor
131U. Keeping documents connected with authorised operations
131V. General register
131W. Inspection of records by Special Investigations Monitor

Division 7-General

131X. No delegations
131Y. Evidence of authorities
131Z. Transitional provision

PART 8-GENERAL

Division 1-Licensing procedures

132. Commercial Fisheries Licensing Panel
133. Proceedings of Commercial Fisheries Licensing Panel
134. Functions of Commercial Fisheries Licensing Panel
135. Licensing Appeals Tribunal
136. Proceedings of Licensing Appeals Tribunal
137. Reviewable decisions
138. Repealed

Division 2-Miscellaneous

138A. Conferral of powers of authorised officers
139. Fish research stations and hatcheries on Crown land
140. Research carried out by Secretary
141. Fisheries Plant and Equipment Fund
142. Immunity provision
143. No compensation payable
144. Supreme Court-limitation of jurisdiction
145. Availability for inspection
145A. Secretary may supply names to peak bodies
146. Secrecy provision
147. Improper use of information
147A. Use of information contrary to restrictions
148. Application-general provisions
149. Licences and permits-general provisions
150. Royalties
151. Levy
151A. Additional provisions applying to royalties and levies
151B. Recreational Fishing Licence Trust Account
151C. Repealed

Division 3-Fisheries notices and regulations

152. Fisheries notices
153. Regulations

Division 4-Cancellation of licences and restrictions on fishing

153A. Cancellation of scallop licences
153B. Acquisition of scallop licences
153C. Restriction against commercial net fishing in Western Port

PART 9-CONSEQUENTIAL AND TRANSITIONAL

154. Repeal of Fisheries Act 1968 and savings
155. Saving of existing licences and permits after repeal
155A. Conversion of existing licences
155B. Beneficial owners of abalone licences may seek new
licence
155C. Transitional regulations
155D. Right to licence lapses if licence not renewed
156. Transitional provision-appeals on section 155A or 155B decision
157. Transitional provision-sections 13A, 13AA and 13C of the Fisheries Act 1968.
158. Transitional provision-eligibility criteria
158A. Transitional provision-issue of licences
159. Repealed
160. Amendment of Fisheries Act 1968.
161. Consequential amendments-Schedule 2.
162. Amendment of Conservation, Forests and Lands Act 1987.
163. Amendment of Wildlife Act 1975.
163A. Transitional provision-Primary Industries Legislation Amendment Act 2009-References to fish receiver
licence
163B. Transitional and savings provisions-Primary Industries Legislation Amendment Act 2009.

PART 10-TRANSITIONAL PROVISIONS-NATIONAL
PARKS (MARINE NATIONAL PARKS AND MARINE SANCTUARIES) ACT 2002.

Division 1-General

164. Definitions
165. Compensation only payable to licence holders and permit holders as provided in this Part
166. Certificate for purposes of evidence

Division 2-Entitlements for eligible rock lobster access licence holders

167. Reduced catch entitlements-eligible rock lobster access licence holders
168. Increased costs entitlements-eligible rock lobster access licence holders

Division 3-Entitlements for eligible specified access licence
holders

169. Reduced catch entitlements-eligible specified access licence holders
170. Increased costs entitlements-eligible specified access licence holders

Division 4-Entitlements for eligible charter boat operators

171. Increased costs entitlements-eligible charter boat operators

Division 5-Determinations of the Panel-eligible rock lobster access licence holders and eligible specified access licence holders

172. Application to Panel for determination of interim payment-eligible rock lobster access licence holders and eligible
specified access licence holders
173. Determinations of the Panel as to interim payments-
eligible rock lobster access licence holders and eligible
specified access licence holders
174. Application to Panel for determination of final payment-
eligible rock lobster access licence holders and eligible
specified access licence holders
175. Determinations of the Panel as to final payments-eligible
rock lobster access licence holders and eligible specified
access licence holders
176. Procedures for making determinations of final payments-eligible rock lobster access licence holders and eligible
specified access licence holders

Division 6-Determinations of the Panel-eligible charter boat operators

177. Application to Panel for determination of interim payment-eligible charter boat operators
178. Determinations of the Panel as to interim payments-eligible charter boat operators
179. Application to Panel for determination of final payment-eligible charter boat operators
180. Determinations of the Panel as to final payments-eligible charter boat operators
181. Procedures for making determinations of final payments-eligible charter boat operators

Division 7-Review of determinations by the Tribunal

182. Applications for the Tribunal to review determinations
183. Determinations of applications by the Tribunal

Division 8-Constitution and proceedings of the Panel

184. Compensation Assessment Panel
185. Deputies for members of the Panel
186. Registrar of the Panel
187. Meetings of the Panel
188. Proceedings of the Panel
189. Conducting proceedings of the Panel

Division 9-Constitution and proceedings of the Tribunal

190. Compensation Appeals Tribunal
191. Deputies for members of the Tribunal
192. Registrar of the Tribunal
193. Meetings of the Tribunal
194. Proceedings of the Tribunal
195. Conducting proceedings of the Tribunal

Division 10-Annual reports on fisheries

196. Annual reports on fisheries to be prepared
197. Tabling of annual reports on fisheries
198. Minister to have regard to reports

PART 11-DETERMINATION OF DISPUTES

Division 1-Preliminary matters

199. Application of this Part
200. Definitions

Division 2-Application/referral process

201. Application or referral of disputed claim
202. Jurisdiction
203. Form of notice of referral
204. Service of notice of referral on other parties
205. Withdrawal application

Division 3-Compulsory conference in the court

206. Compulsory conference
207. Objects of compulsory conference
208. Parties may vary offer or claim
209. Settlement

Division 4-Determinations

210. Determination of claim
211. Principles to be applied in determining compensation
212. Costs
213. Payment of compensation
214. Supreme Court-limitation of jurisdiction
__________________
SCHEDULE 1-Repealed
1-9. Repealed
SCHEDULE 2-Consequential Amendments
1. Flora and Fauna Guarantee Act 1988.
2. Historic Shipwrecks Act 1981.
3. Livestock Disease Control Act 1994.
4. National Parks Act 1975.
5. Wildlife Act 1975.
6. Marketing of Primary Products Act 1958.
SCHEDULE 3-Regulation-making Powers
1. Fishing activities
2. Measurements
3. Licences and permits
4. Boats and Equipment
5. Fees
6. Miscellaneous matters
7. Administrative matters
8. General
---------------
ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details

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