Victorian Consolidated Legislation

Fisheries Act 1995 - SECT 54

Changes to licence or permit conditions

54. Changes to licence or permit conditions





(1) Subject to subsection (1B), the Secretary may at any time-

   (a)  vary a fishery licence or a permit; or

   (b)  vary or revoke a condition imposed by her or him or impose a new
        condition on a fishery licence or a permit; or

   (c)  vary a class of fishery licence; or





   (d)  vary or revoke a condition imposed by the Secretary or impose a new
        condition on a class of fishery licence.

(1A) The Secretary may only exercise a power conferred by subsection (1)(c) or
(d) to give effect to a management plan declared under section 28, or to any
change to such a plan.

(1B) The Secretary must not vary-

   (a)  a fishery licence or a permit; or

   (b)  a condition on a fishery licence or permit; or

   (c)  a class of fishery licence; or

   (d)  a condition on a class of fishery licence-

if the variation would be inconsistent with any regulations, management plan
or Ministerial direction.

(2) The Secretary may act under subsection (1)-

   (a)  on her or his own initiative; or

   (b)  on the written application of the person who holds the licence or
        permit.

(3) Before acting on the Secretary's own initiative in respect of subsection
(1)(a) or (b), the Secretary must give the person who holds the licence or
permit written notice of the action that the Secretary proposes to take and
must allow the person to make written representations about the intended
action within 14 days.



* * * * *





(4) Subsection (3) does not apply if the Secretary imposes, varies or revokes
a condition for the purpose of removing any inconsistency between the licence
or permit and any regulation, Order in Council, fisheries notice, management
plan, order, Ministerial direction or intergovernmental agreement or
arrangement.

(5) If the Secretary imposes, varies or revokes a condition of a licence or
permit, the change has no effect until the Secretary notifies the holder of
the licence or permit in writing of the change.

(6) The holder of a licence or permit must return the licence or permit to the
Secretary within 10 days of being given notice that the Secretary has decided
to change the licence or permit, unless he or she has a reasonable excuse for
not doing so.

Penalty: 5 penalty units.