FISHERIES ACT 1995 - SECT 153C Restriction against commercial net fishing in Western Port
FISHERIES ACT 1995 - SECT 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 use any fishing net in Western Port on and from 1 December 2007.
(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 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 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 (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 necessary extent).
(5) In this section—
S. 153C(5) def. of Western Port amended by No. 40/2019 s. 39(2).
"Western Port" means all of the waters of the bay known as Western Port which lie north of a line bearing 53° east from Cape Woolamai to the opposite shore and a line running directly from West Head at Flinders to the southernmost point of Point Grant on Phillip Island;
"Westernport/Port Phillip Bay Fishery Access Licence "means the class of access licence referred to in regulation 201 of the Fisheries Regulations 1998.
Pt 8 Div. 5 (Heading and ss 153D– 153L) inserted by No. 64/2015 s. 5.
Division 5—Restriction against commercial net fishing in Port Phillip Bay
S. 153D inserted by No. 64/2015 s. 5.