Victorian Consolidated Legislation

Fisheries Act 1995 - SECT 4

Definitions and interpretative provisions

4. Definitions and interpretative provisions



(1) In this Act-



abalone means blacklip and greenlip abalone and includes all other species,
forms, races and hybrids of abalone;

access licence means a licence issued under section 38;



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angle means use a line (whether or not attached to a rod) for the purpose of
taking fish;

appointed day means the appointed day or the relevant appointed day specified
under section 155(3);



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aquaculture licence means a licence issued under section 43;



aquatic invertebrate means an invertebrate that lives in water for the whole
or part of its life cycle;

arrangement means an arrangement made by the State with the Commonwealth
under this Act whether or not it is also made with another State or other
States and an arrangement made by the State with another State or States;
associated offence has the meaning set out in section 98(1);

Australian lawyer has the same meaning as in the Legal Profession Act 2004;





authorised officer means a person appointed as an authorised officer under the
Conservation, Forests and Lands Act 1987 for the purposes of this Act;
blacklip abalone, in relation to abalone quota management, catch and size
limits and closed seasons, means-

   (a)  all species of abalone other than greenlip abalone; and

   (b)  all other forms, races and hybrids of abalone;

boat means any means of transportation on water; carcass means

   (a)  in relation to shark or elephantfish, the body of a shark or
        elephantfish which is not cut or mutilated in any manner other than to
        remove the gut and head forward and clear of the posterior gill slit;
        and

   (b)  in relation to scale fish, the body of a fish which is not cut or
        mutilated in any manner other than to remove the gut or gills or scale
        the fish; and

   (c)  in relation to spiny freshwater crayfish, the body of a crayfish
        which-

   (i)  is not cut in any way other than to remove one or more legs or claws;
        or

   (ii) is not mutilated in any way other than the absence of one or more legs
        or claws;



catch limit means any limit imposed under this Act on the quantity or type of
fish or fishing bait that may be taken, possessed or controlled in any
specified circumstances, regardless of-

   (a)  whether the limit is expressed in terms of numbers, volume, weight,
        size or value;

   (b)  how the fish are specified;

   (c)  whether the circumstances refer to how, when, where or by whom the
        taking, possessing or controlling occurs;

   (d)  whether the limit applies to the whole, or only a part, of Victoria-
        and includes trip, possession and bag limits, but does not include any
        limit relating to total allowable catches set under a quota order or
        to individual quotas or individual quota units;

closed season in relation to a species of fish means any time or period during
which the taking of fish of that species is prohibited under this Act;

coastal waters in relation to the State has the same meaning as it has in the
Commonwealth Act;

commercial abalone equipment means any device or mechanical thing that is
designed for use, or that is capable of being used, for or in connection with
the taking of abalone, and includes any underwater breathing apparatus, knife,
probe, lever, iron or bar;

commercial aquaculture equipment means any equipment which is prescribed to be
commercial aquaculture equipment;

Commercial Fisheries Licensing Panel means the Commercial Fisheries Licensing
Panel referred to in section 132;

commercial fishing equipment means-

   (a)  any fish trap, hoop net or fishing net (other than recreational
        fishing equipment when used by a recreational fisher in accordance
        with this Act);

   (b)  any electrical or sonar device that is designed for use, or that is
        capable of being used, for or in connection with the taking of fish;

   (c)  any other device or mechanical thing that is designed for use, or that
        is capable of being used, for or in connection with the taking of fish
        (including any tipper used in connection with a scallop dredge);

   (d)  any yabby pot or crab pot;

   (e)  any drop line or fishing line left fixed or set in water (including
        fishing lines, hooks and snoods designed to be fixed or set but not
        yet fixed or set) whether or not the line, hook or snood is fixed or
        set from the shore or from a buoy or other object, but not including
        handlines, rods and reels that are being used by a recreational fisher
        in accordance with this Act;

   (f)  any recreational fishing equipment when being used by or under the
        supervision of a fishery licence or permit holder (or the agent of
        such a holder) as part of a commercial fishing activity;

   (g)  any other equipment that the regulations state is commercial fishing
        equipment;

   (h)  any fishing dredge, rock lobster pot or longline- but does not include
        commercial abalone equipment unless, in a particular case, that
        equipment is also designed for use, or is capable of being used, for
        or in connection with the commercial taking of fish other than
        abalone;

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commercial quantity means-

   (a)  in the case of abalone, one or more of the following-

   (i)  100 or more abalone; or

   (ii) 2 kilograms or more of dried abalone; or

   (iii) 10 kilograms or more of canned abalone (including the weight of the
        cans and anything else in the cans); or

   (iv) 10 kilograms or more of abalone in any other form (including shells,
        ice or any other thing that cannot readily be separated from the
        abalone in the form that it is found);

   (b)  in the case of rock lobster, 20 or more rock lobsters;

   (c)  in the case of Murray cod-

   (i)  if the Murray cod are in carcass form, 3 times the catch limit for
        Murray cod or more; or

   (ii) if the Murray cod are in any other form, 30 kilograms or more
        (including ice or any other thing that cannot be readily separated
        from the Murray cod in the form that it is found);

   (d)  in the case of any other priority species, the quantity of fish
        prescribed in respect of that priority species;

Commonwealth Act means the Fisheries Management Act 1991 of the Commonwealth;

Commonwealth Minister means the Minister for the time being administering the
Commonwealth Act and any other Minister exercising powers and performing
functions pursuant to section 60 of the Commonwealth Act;

Commonwealth proclaimed waters means the Australian Fishing Zone (AFZ) as
defined under the Commonwealth Act;

condition, in relation to a licence or permit, includes any restriction that
applies to the licence or permit;



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co-operative means a body registered as a co-operative-

   (a)  under the Co-operatives Act 1996; or

   (b)  under an equivalent law of another Australian jurisdiction;
        corporation means a corporation that-

   (a)  has a registered office in Australia; and

   (b)  that holds an Australian Company Number;

court means the Magistrates' Court or any other court of competent
jurisdiction;

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Department means the Department of Primary Industries;

designated licence condition means a licence or permit condition that the
regulations specify as a designated licence condition for the purposes of
this Act;

developing fishery means a fishery that is not to be managed by the granting
of renewable licences and that the regulations, or a Ministerial direction,
define as a developing fishery;

fish receiver licence means a licence issued under section 41;







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fisheries notice means a fisheries notice made under section 152;

fisheries reserve means a fisheries reserve declared under section 88;

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fishery licence means-

   (a)  an access licence; or

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   (c)  an aquaculture licence; or

   (d)  a recreational fishery licence; or

   (e)  a fish receiver licence; or

   (f)  any other category of licence created by the regulations under clause
        3.1 of Schedule 3;

fishing bait means any species of fauna declared to be fishing bait under
section 6;



foreign boat has the same meaning as in the Commonwealth Act; greenlip
abalone, in relation to abalone quota management, catch and size limits and
closed seasons, means abalone of the species Haliotis laevigata;

individual quota means the number of quota units (including a portion of a
quota unit) allocated to an access licence by a quota order, whether as part
of a total allowable catch or otherwise;

individual quota unit means a quantity of a species of fish (by number,
volume, weight or value) declared under section 64A(1)(b) or 66D(1)(b) to be
the individual quota unit for that species;

inland waters means-

   (a)  any swamp or lake other than the Gippsland Lakes, Lake Tyers, the
        Lower Lake of Mallacoota Inlet and Wingan Inlet;

   (b)  any waterway, channel or anabranch from its mouth to its source and
        any inlet, backwater or lagoon connected with it;

   (c)  any other lagoon, backwater, anabranch or billabong;

   (d)  any reservoir, dam, tank, channel or works for water storage or
        distribution vested in or under the control of the Crown or a public
        authority;

   (e)  any other waters declared by the regulations to be inland waters- but
        does not include any water or waters which is private property;

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Joint Authority means any Joint Authority established under Part 5 of the
Commonwealth Act of which the Minister is a member;

Joint Authority fishery means a fishery in respect of which there is in force
an arrangement under Part 2 by which the fishery is under the management of a
Joint Authority;

licence means-

   (a)  a fishery licence; or

   (b)  any category of licence created by the regulations under clause 3.2 of
        Schedule 3;

Licensing Appeals Tribunal means the Licensing Appeals Tribunal referred to in
section 135;

management plan means a management plan declared under Part 3;



marine waters means Victorian waters other than-

   (a)  inland waters;

   (b)  any waters that are private property;

Ministerial direction means a direction given under section 61;



noxious aquatic species means a noxious aquatic species declared under section
75;

open season in relation to a species of fish means any time or period during
which the taking of fish of that species is not prohibited under this Act or
during which the taking of fish of that species is allowed under this Act;

Order in Council means an Order made by the Governor in Council and published
in the Government Gazette;

permit means-

   (a)  a general permit under section 49;

   (b)  a protected aquatic biota permit under section 72; or

   (c)  a noxious aquatic species permit under section 81; or

   (d)  any other category of permit issued in accordance with the
        regulations;

priority species means-

   (a)  abalone, rock lobster or Murray cod; and

   (b)  any other species of fish that the regulations state are a priority
        species;

process means shell, skin, shuck, fillet, dismember, mince, open, cut, break,
cook, pack, chill, freeze, can, preserve or otherwise treat;

protected aquatic biota means any taxon or community of aquatic flora or fauna
declared to be protected aquatic biota under section 69;

protected waters means-

   (a)  Victorian waters; and

   (b)  any aquarium or hatchery or any other waters in Victoria whether or
        not private property;

public authority means any Government Department or any body corporate or
unincorporate established under any Act for a public purpose;

quota fishery means a fishery, or a specified zone or zones of a fishery, that
is the subject of a declaration under section 64(1)(a) or 66C(1)(a);



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quota notice means a notice issued under section 65;

quota order means an order issued under section 64, 64A, 66C or 66D;





quota period means any period specified in a quota order as the period over
which a total allowable catch or an individual quota is to apply;

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recreational fishery licence means a licence issued under section 45 or a
group recreational fishery licence issued under section 46;

recreational fishing equipment means any fishing equipment prescribed in the
regulations to be recreational fishing equipment;



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rock lobster means an animal of the genus Jasus;

Secretary means the Secretary to the Department of Primary Industries;



sell includes-

   (a)  barter; and

   (b)  exchange; and

   (c)  agree or offer to sell; and

   (d)  receive, have in possession or expose for sale; and

   (e)  send, forward, deliver or consign for sale; and

   (f)  sell for resale; and

   (g)  cause, permit or attempt any of the acts or things referred to in
        paragraphs (a) to (f);

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stock in relation to fish, includes the releasing, putting or introducing of
fish into waters;

take means gain possession or control by any means;

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vessel monitoring system means a navigational measuring system that is
suitable for installation on a boat and that is capable of-

   (a)  determining the location and activities of the boat; and

   (b)  transmitting data in relation to that location and those activities to
        the Secretary or the Secretary's delegate via a satellite
        communication system.

(2) A reference to "this Act", "under this Act" or "by this Act" includes a
reference to any regulations, fisheries notice, Order in Council, notice,
declaration, licence, permit order, Ministerial direction or other document or
instrument made or issued under this Act, unless inconsistent with the context
or subject matter.

(3) For the purposes of this Act, any measurements fixed with respect to the
taking, possession or sale of any species of fish throughout Victoria or in
some part or parts of Victoria are the minimum permissible measurements
applicable with respect to the taking, possession or sale of fish of that
species, unless the contrary intention appears.

(4) Any fish that is less than the minimum measurement fixed for fish of that
species is referred to in this Act as undersized.

(5) In this Act, any reference to "measurement" or "size" or any derivatives
thereof is to be read and construed as including reference to "weight".

(6) Subject to any express provision to the contrary, a reference in this Act
to the weight of fish is to be read and construed as a reference to the whole
weight of the fish, being the weight of the fish before any processing (other
than freezing) commences and before any part of the fish is removed.

(7) A reference to "he or she" or to "him or her" is to be read as including a
reference to "it", if the context permits.

(7A) A reference to "his or her" is to be read as including a reference to
"its", if the context permits.

(8) A reference to an individual quota unit includes a reference to a fraction
of an individual quota unit, unless a contrary intention appears.

(9) A person who is exempted under this Act from any provision or requirement
under this Act is to be treated as if he or she was authorised under this Act
to do, or not do, the thing that he or she is exempted from doing, or not
doing.

(10) If an arrangement under Part 2 is varied, a reference in this Act to the
arrangement is a reference to the arrangement as varied.

(11) A reference to a fishery that is to be managed in accordance with the law
of the State pursuant to an arrangement under Part 2 includes a reference to a
part of such a fishery.

(12) A reference in any subordinate instrument made under this Act or in any
other document of any kind to a "fish receiver's licence" or a "fish
receivers' licence" is to be read and construed as a reference to a "fish
receiver licence" or any derivative thereof so far as it applies to any period
on or after the commencement of section 50(4) of the Primary Industries
Legislation Amendment Act 2009, unless the contrary intention appears.