Victorian Consolidated Legislation

Fisheries Act 1995 - SECT 8

Definition of Victorian waters and waters

8. Definition of Victorian waters and waters



(1) This Act applies to Victorian waters and protected waters.

(2) In this Act, reference to Victorian waters or to waters generally is a
reference-

   (a)  to all waters that are within the limits of the State;

   (b)  except in relation to a fishery that is to be managed in accordance
        with the law of the Commonwealth pursuant to an arrangement under
        Part 2 and except for purposes prescribed by paragraph (d), to any
        waters of the sea not within the limits of the State that are on the
        landward side of waters adjacent to the State that, within the meaning
        of that Part, are within the Commonwealth proclaimed waters;

   (c)  in relation to a fishery that is to be managed in accordance with the
        law of the State pursuant to an arrangement under Part 2, to any
        waters to which the legislative powers of the State extend, with
        respect to that fishery, whether pursuant to section 5 of the
        Coastal Waters (State Powers) Act 1980 of the Parliament of the
        Commonwealth or otherwise;



   (d)  in relation to activities to which this Act applies being activities
        that are, within the meaning of the Commonwealth Act, carried on for
        private purposes otherwise than by the use of a foreign boat, to any
        waters to which the legislative powers of the State extend with
        respect to those activities.

(3) In this Act, a reference to waters includes a reference to the bed and
sub-soil lying beneath those waters.

(4) Regulations or fisheries notices may define the limit of Victorian waters
for the purposes of this Act and for defining such limits may specify the
boundaries of any waterway, bay, estuary or lake or the mouth of any inland
waters.