Victorian Consolidated Legislation

Fisheries Act 1995 - SECT 3A

Consultation principles

3A. Consultation principles



(1) To the extent that it is practicable, the following consultation
principles apply to decisions made by the Minister or Secretary
under this Act, which affect the use and conservation of Victoria's fisheries
resources-

   (a)  the purpose of consultation and any consultation process should be
        clear, open, timely and transparent;

   (b)  the level of consultation should reflect the likely impact of
        decisions on persons and fisheries resources;

   (c)  the consultation process should be adequately resourced;

   (d)  the consultation process should be flexible and designed to take into
        account the number and type of persons to be consulted and their
        ability to contribute to the process;

   (e)  the consultation process should involve consideration of
        representative advice which represents the views and values of the
        persons represented;

   (f)  representative advice in relation to the following persons or groups
        should be considered during any consultation process-

   (i)  recreational fishers;

   (ii) commercial fishers;

   (iii) aquaculture operators;

   (iv) conservation groups;

   (v)  indigenous groups;

   (g)  the consultation process should consider expert advice, which should
        be obtained from the most appropriate provider;

   (h)  any expert advice obtained during the consultation process should be
        made available to persons participating in the consultation process.

(2) Without limiting the generality of subsection (1), for the purposes of
that subsection, the following decisions are taken to affect the use and
conservation of Victoria's fisheries resources-

   (a)  a decision by the Minister to declare or amend a management plan under
        Part 3;

   (b)  a decision by the Secretary to vary a class of fishery licence under
        section 54(1)(c);

   (c)  a decision under section 54(1)(d) by the Secretary to vary or revoke a
        condition imposed by the Secretary, or to impose a new condition, on a
        class of fishery licence;

   (d)  a decision by the Minister to give, revoke or amend a direction on
        matters relating to the management of fisheries or zones in a fishery
        under section 61;

   (e)  a decision by the Minister to make, revoke or amend a quota order in
        relation to a fishery under section 64, 64A, 66C or 66D;

   (f)  a decision by the Minister to make, revoke or amend an order declaring
        sub-zones in a quota fishery under section 64AB or 66E;

   (g)  a decision by the Minister to appoint a person as a member of the
        Commercial Fisheries Licensing Panel under section 132(2)(c) or
        132(2)(d);

   (h)  a decision by the Minister to nominate a person to be appointed as a
        member of the Licensing Appeals Tribunal under section 135(2);

   (i)  decisions relating to the making and content of regulations in respect
        of royalties and levies imposed in accordance with sections 150 and
        151;

   (j)  decisions by the Minister relating to priorities for the disbursement
        of funds that may be paid out of the Recreational Fishing Licence
        Trust Account under section 151B;

   (k)  a decision by the Minister to make a fisheries notice under section
        152(1).

(3) This section does not apply in relation to the following decisions-

   (a)  decisions which are specific to an individual licence or permit, the
        holder of a licence or permit or a person acting on behalf of a holder
        of a licence or permit;

   (b)  reviewable decisions within the meaning of section 137.

(4) In this section person includes an association or body.