FISHERIES ACT 1995 - SCHEDULE 3
FISHERIES ACT 1995 - SCHEDULE 3
Schedule 3—Regulation-making powers
1 Fishing activities
1.1 Prohibiting or regulating the taking, receiving, handling, keeping, possession, landing, processing, storage, transporting, distribution, preparation, marketing, presentation and sale of fish, fishing bait, protected aquatic biota or noxious aquatic species.
1.2 The orderly fishing and preservation of good order and safety among fishers in Victorian waters.
1.3 Prohibiting or regulating methods for taking fish.
1.4 Prescribing catch limits.
1.5 Prescribing restrictions as to size or other characteristics of fish.
1.6 Regulating fishing competitions.
1.7 Requiring the provision of reports in relation to any activity prohibited or regulated by this Act.
1.8 Prohibiting or regulating the marking, branding or tagging of fish.
1.9 Prohibiting or regulating the mutilation of, interference with, shucking of, removal of eggs from, removal of shells from or fin clipping of fish.
1.10 Prohibiting or regulating berleying and the use of substances as berley.
2.1 Prescribing methods for measuring the size, weight, length, number or value of any fish (either before, during or after processing).
2.2 Prescribing methods for equating the quantity, size, weight, length, number or value of fish (or parts of fish) in one form (for example, unprocessed fish) to the quantity, size, weight, length, number or value of fish (or parts of fish) in a different form (for example, processed fish).
2.3 Prescribing methods for measuring boats and equipment and parts of boats and equipment.
2.4 Regulating the weighing of fish.
3.1 Creating new categories of fishery licences authorising the holders of the licences to carry out specified activities relating to specified fish or fisheries.
3.2 Creating new categories of licences and permits authorising the holders of the licences or permits to do anything else regulated by this Act.
3.3 Creating, modifying or revoking classes of licences and permits within categories of licences and permits.
3.4 Prescribing procedures and conditions for the issue of new licences whether upon application or by public tender.
3.5 Prescribing the maximum number of licences of a particular type that may be issued in respect of a particular fishery or activity.
3.6 Prescribing the maximum number of licences of a particular class or in respect of a particular fishery or activity that may be held by the same person.
3.7 Prescribing which classes of licences are transferable or renewable and which are not (where this is not dealt with by this Act).
3.8 Prescribing procedures and conditions for the transfer or renewal of licences and permits that are transferable or renewable.
3.9 Prescribing grounds for the refusal of the issue or variation of licences and permits and for the refusal of the transfer or renewal of licences and permits that are transferable or renewable.
Sch. 3 cl. 3.9A inserted by No. 35/2009 s. 75.
3.9A Prescribing grounds for the suspension of a licence.
3.10 Prohibiting or regulating the granting of fishery licences to corporations.
3.11 Prescribing eligibility criteria in respect of licences and permits, including requirements where the applicant or holder is a corporation relating to the corporation, people in effective control of the corporation or nominees of the corporation.
3.12 Prescribing the maximum duration of different categories or classes of licences and permits where that duration is not specified by this Act.
3.13 Prescribing conditions to which licences or permits are subject.
3.14 Prohibiting or regulating the possession and use of equipment by, and other activities of, the holders of specified classes of licences or permits.
3.15 Prohibiting or regulating the use by the holders of licences of assistance by other people in undertaking any activity permitted by the licence, and who may provide that assistance.
3.16 Regulating the activities of agents of licence and permit holders while acting as agents.
3.17 Reducing the number of licences or permits that are held in respect of a fishery.
3.18 Requiring bonds (or similar financial assurances) as a pre-condition to the issuing of an aquaculture licence to ensure that the area to be used under the licence is restored to a specified state after the expiry of the licence.
4 Boats and Equipment
Sch. 3 cl. 4.1 substituted by No. 108/2003 s. 49(a).
4.1 Providing for the registration of boats including—
(a) the transfer and renewal of registration;
(b) the refusal of registration, or the transfer or renewal of registration;
(c) the cancellation of registration;
(d) the obtaining of information on the seaworthiness of boats from other people or bodies;
(e) giving recognition to surveys of seaworthiness conducted by appropriate authorities and to certificates from appropriate authorities as to the state of a boat or its current survey status.
4.2 Prescribing equipment to be installed in or carried on fishing boats for the handling or storage of fish.
4.3 Prohibiting or regulating boats having on board commercial fishing equipment while in Victorian waters closed to the use of such equipment.
4.4 Prohibiting or regulating the use of boats or equipment for the taking or landing of fish, fishing bait, protected aquatic biota or noxious aquatic species for sale and prescribing the type of identification or marking required on such boats or equipment.
4.5 Prohibiting or regulating the use, possession or sale of specified fishing or aquaculture equipment and prescribing specifications for such equipment.
4.6 Defining fishing or aquaculture equipment for the purposes of this Act and prescribing its use.
4.7 Regulating the use of charter boats for recreational fishing or the non-consumptive use of fish (including the licensing of such boats or their operators).
4.8 Prohibiting or regulating the transfer of boats and equipment between licence or permit holders (including transfer provisions intended to reduce the quantity of equipment in use).
4.9 Prohibiting or regulating the marking of aquaculture equipment within specified areas.
4.10 Prohibiting or regulating the leaving, setting or removal of commercial fishing equipment and commercial aquaculture equipment.
Sch. 3 cl. 4.11 inserted by No. 80/2000 s. 21.
4.11 Requiring the installation and maintenance of vessel monitoring systems on boats and regulating the use of vessel monitoring systems.
5 Fees
5.1 Prescribing fees for applications, the issue or holding of licences and permits and the variation, transfer or renewal of (where permitted) licences and permits (including fees that are to be determined by reference to the value or price of a licence or permit (for example a transfer fee that is to be a specified percentage of the price of a licence)).
5.2 Prescribing fees for the registration, transfer and renewal of registration of boats and equipment used to take fish or fishing bait.
5.3 Prescribing fees for the taking of fish from charter or hire boats.
5.4 Prescribing fees to be charged for the inspection of live fish being introduced into Victoria and for other services rendered by authorised officers.
5.5 Prescribing fees for the use of agents by the holders of licences in undertaking any activity permitted by the licence.
5.6 Prescribing fees for the transfer of individual quota units (including for forfeited individual quota units).
5.7 Prescribing fees in respect of tenders.
5.8 Prescribing fees for the maintenance of aquaculture zones and facilities.
5.9 Regulating the fees that the owners or occupiers of privately-owned land may charge people to angle or fish on that land.
Sch. 3 cl. 5.10 inserted by No. 34/2006 s. 5.
5.10 Prescribing fees in respect of notifications required to be given under Division 3A of Part 4.
6 Miscellaneous matters
6.1 Declaring a fishery to be a developing fishery and prohibiting or regulating fishing activities in that fishery.
6.2 Prescribing criteria for the declaration of any protected aquatic biota.
6.3 Prohibiting or regulating the bringing of specified classes of fish, fishing bait, protected aquatic biota or noxious aquatic species into Victoria, the disposal of water used for such purposes and the disposal of refuse from fish or noxious aquatic species.
6.4 Providing for the marking of the boundaries of areas held under licences or permits, the regular inspection of such areas and prohibiting or regulating the erection, construction, maintenance, protection and regulation of boundary beacons, buoys, posts, stakes or other marks.
6.5 Prohibiting or regulating aquaculture activities.
6.6 Prohibiting or regulating the release of live fish or live fishing bait into any waters.
6.7 Prescribing any thing required to support the operation of a quota order.
Sch. 3 cl. 6.8 inserted by No. 108/2003 s. 49(b).
6.8 In relation to searches by authorised officers—
(a) further regulating the conduct of those searches; and
(b) requiring the supply of additional details in the records required of those searches.
Sch. 3 cl. 6.9 inserted by No. 108/2003 s. 49(b).
6.9 Requiring the Secretary to report specified incidents involving authorised officers to the Ombudsman appointed under the Ombudsman Act 1973 .
Sch. 3 cl. 6.10 inserted by No. 64/2013 s. 10.
6.10 Prescribing proceedings of the Council.
7 Administrative matters
7.1 Prescribing notices, signs and documents, including forms, dockets and tags, for the purposes of this Act and prohibiting or regulating the use, possession, interference with, defacement, alteration, or mutilation of such notices, signs or documents.
7.2 Requiring the keeping of records and the furnishing of returns and information by the holders of licences, permits or other authorities under this Act or by other people who handle fish or fishing bait.
7.3 Requiring people who possess more than a specified quantity of fish to have specified documents in their possession.
7.4 Prescribing the form of and procedures for the issue of licences and permits.
7.5 Prescribing persons or classes of persons who may be authorised by the Secretary to issue specified classes of recreational fishery licences.
7.6 Prescribing forms.
8 General
8.1 Prescribing offences the penalties for which do not include cancellation of the relevant licence or permit.
8.2 Exempting a person from the need to hold a
licence, permit or authority under this Act.
Sch. 4 inserted by No. 64/2015 s. 6.