Victorian Consolidated Legislation

Fisheries Act 1995 - SECT 49

General permit

49. General permit



(1) The Secretary may issue a general permit to a person.

(2) The Secretary may authorise the holder of the permit to do one or more of
the following-

   (a)  to take or possess fish for research, education, fish management,
        aquaculture, compliance or scientific purposes; or

   (b)  to take or possess fish from a developing fishery; or



   (c)  to carry out any research, exploitation, work or operation for the
        purpose of developing any fishery or aquaculture; or

   (d)  to investigate any species of fish or any fishery or any device; or

   (e)  to sell or dispose of any fish obtained by the person under the
        permit; or

   (f)  to use or possess specified commercial abalone equipment, commercial
        fishing equipment, commercial aquaculture equipment or recreational
        fishing equipment; or

   (g)  for commercial purposes-

   (i)  to use, form or create a habitat (whether natural, artificial or
        partly natural or artificial) for hatching, rearing, breeding,
        displaying or growing fish or fishing bait;

   (ii) to hatch, rear, breed, display, grow or sell fish or fishing bait; or



   (h)  to take or possess fish (in areas where recreational fishing is
        authorised under this Act) for a specified indigenous cultural
        ceremony or event; or



        (i)    to sell any fish of a specified priority species; or



   (j)  to take or possess more fish than the catch limit for that species of
        fish; or



   (k)  to take or possess fish that are less than the minimum size, or that
        are more than the maximum size, specified by the regulations or by a
        fisheries notice for that species of fish; or

   (l)  to take fish of a specified species of fish during the closed season
        for that species of fish; or

   (m)  to take, land, process, sell or possess fish of a specified species of
        fish that is prohibited from being taken, landed, processed, sold or
        possessed-

   (i)  absolutely or during a specified period; or

   (ii) in any waters or specified waters; or

   (n)  to carry out an activity in a fishery if the activity is not
        inconsistent with any regulations, management plan or Ministerial
        direction.

(2A) A general permit does not authorise the carrying out of any activity-

   (a)  specified in subsection (2)(b), (c), (d), (e), (f) and (g); and

   (b)  specified in subsection (2)(a), to the extent that it applies to
        aquaculture-

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).

(2B) Subsection (2A) does not apply to any general permit in force immediately
before 7 March 2005, to the extent of any entitlements under that permit that
were in force at that time.

(3) A general permit continues in force for the period specified on the permit
by the Secretary, unless it is sooner cancelled under this Act.

(4) The Secretary may specify a period of up to 3 years for the purposes of
subsection (3).

(5) The Secretary must not issue a general permit to a person unless the
Secretary is satisfied that the person is a fit and proper person to hold the
permit.

(6) A general permit is not renewable, but the Secretary may issue another
general permit to a person whose general permit is about to expire or who has
previously held a general permit.

(7) A general permit is not transferable.

(8) The Secretary may cancel a general permit at any time and without notice.