Victorian Consolidated Legislation

Fisheries Act 1995 - SECT 43

Aquaculture licences

43. Aquaculture licences



(1) The regulations may create classes of aquaculture licences and may specify
that the holder of an aquaculture licence of a particular class may do one or
more of the following-

   (a)  use, form or create a habitat (whether natural, artificial or partly
        natural or artificial) in a specified area for hatching, rearing,
        breeding, displaying or growing specified fish or fishing bait
        for sale or other commercial purposes;

   (b)  hatch, rear, breed, display or grow specified fish or fishing bait
        for sale or other commercial purposes;

   (ba) stock fish into protected waters;





   (c)  use specified commercial aquaculture equipment or use commercial
        aquaculture equipment generally;

   (d)  possess specified commercial aquaculture equipment or possess
        commercial aquaculture equipment generally;

   (e)  engage one or more people to do one or more of the things listed in
        this subsection.



(1AA) An aquaculture licence does not authorise the carrying out of any
activity specified in subsection (1) in any national park, wilderness park or
State park (within the meaning of the National Parks Act 1975) or any
reference area (within the meaning of the Reference Areas Act 1978).

(1AB) Subsection (1AA) does not apply to any aquaculture licence in force
immediately before 7 March 2005, to the extent of any entitlements under that
licence that were in force at that time.

(1A) The Minister may, by order published in the Government Gazette, create
classes of aquaculture licences to give effect to a management plan and may
specify that the holder of an aquaculture licence of a particular class may do
one or more of the things listed in subsections (1)(a) to (1)(e) in the
reserve to which the management plan applies.

(1B) The Minister may only create a class of aquaculture licence under
subsection (1A) if the draft management plan for the reserve states that the
creation of that class of licence will be necessary to give effect to the
plan.

(1C) A licence of a class of aquaculture licence created under subsection (1A)
is subject to the same fees and levies as apply to a licence of a specified
class of aquaculture licence created by the regulations.

(1D) In creating a class of aquaculture licence under subsection (1A), the
Minister must, for the purposes of subsection (1C), specify a class of
aquaculture licence created by the regulations.

(2) The Secretary may issue an aquaculture licence of a particular class to a
person.

(3) An aquaculture licence continues in force for the period specified on the
licence by the Secretary unless it is sooner cancelled or suspended
under this Act.

(4) If an aquaculture licence authorises the holder of the licence to hatch,
rear, breed, display or grow specified fish or fishing bait for sale, the
holder of the licence is also authorised to take, possess, store, process or
sell that fish or fishing bait.