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FISHERIES ACT 1995 - SECT 153J State not liable

FISHERIES ACT 1995 - SECT 153J

State not liable

    (1)     Despite any Act or law to the contrary and except as provided in this Division, the State of Victoria is not liable in any way for any loss, damage or injury whatsoever resulting directly or indirectly from or arising out of any action taken or decision made under this Division or Schedule 4.

    (2)     For the avoidance of doubt, the reference in subsection (1) to an action taken or a decision made includes, but is not limited to—

        (a)     the restriction on the use of any fishing net in Corio Bay; and

        (b)     the restriction on the use of any fishing net in Port Phillip Bay; and

        (c)     the determination of which of the holders of a Western Port/Port Phillip Bay Fishery Access Licence may retain their licence on and after 1 April 2022; and

        (d)     the amount paid under section 153E(2) to the holders of a Western Port/Port Phillip Bay Fishery Access Licence who retain their licence on an after 1 April 2022; and

S. 153J(2)(e) amended by No. 68/2016 s. 149(a).

        (e)     the cancellation by the Secretary or the Victorian Fisheries Authority of a licence following an election by the licence holder to surrender their licence; and

S. 153J(2)(f) amended by No. 68/2016 s. 149(b).

        (f)     the cancellation by the Victorian Fisheries Authority of a licence after 1 April 2021; and

        (g)     the determination, in accordance with section 153I, of the amounts payable to a licence holder whose licence is cancelled.

S. 153K inserted by No. 64/2015 s. 5, amended by No. 68/2016 s. 150.