Conservation, Forests and Lands (Infringement Notice) (Amendment No. 3) Regulations 1998 (Vic)

Case
No judgment structure available for this case.

Conservation, Forests and Lands (Infringement

Notice) (Amendment No. 3) Regulations 1998

S.R. No. 43/1998

TABLE OF PROVISIONS

Regulation Page
1. Objective 1
2. Authorising provisions 1
3. Amendments to Schedule of Offences 1

═══════════════

NOTES 6

i

STATUTORY RULES 1998

S.R. No. 43/1998

Conservation, Forests and Lands Act 1987

Conservation, Forests and Lands (Infringement

Notice) (Amendment No. 3) Regulations 1998

The Governor in Council makes the following Regulations:
Dated: 21 April 1998

Responsible Minister:

MARIE TEHAN

Minister for Conservation and Land Management

SHARNE BRYAN

Clerk of the Executive Council

1. Objective

The objective of these Regulations is to prescribe—

(a)

further offences against a relevant law for which an infringement notice may be served; and

(b) the penalties for prescribed offences.

2. Authorising provisions

These Regulations are made under sections 91 and
99 of the Conservation, Forests and Lands Act

1987.

3. Amendments to Schedule of Offences

For items 4101 to 4129 of the Schedule to the
Conservation, Forests and Lands (Infringement
Notice) Regulations 19921 substitute—

Conservation, Forests and Lands (Infringement Notice)
(Amendment No. 3) Regulations 1998

r. 3 S.R. No. 43/1998
"4130 An offence under section $100 take or attempt to take fish
44(a) of the Fisheries Act from inland waters without
1995 authority
4131 An offence under section $100 take or attempt to take rock
44(b) of the Fisheries Act lobster from marine waters
1995 without authority
4132 An offence under section $150 use or possess a recreational
44(d) of the Fisheries Act mesh net or a recreational
1995 hoop net without authority
4133 An offence under section $100 contravene the closed season
67(3) of the Fisheries Act for fish
1995 in relation to the
prohibitions imposed by
regulation 506 of the
Fisheries Regulations 1998
4134 An offence under regulation $100 transfer or lend a recreational
405 of the Fisheries Act fishery licence to any other
1995 person
4135 An offence under regulation $100 take marine invertebrates
512(1) of the Fisheries from Port Phillip Bay and
Regulations 1998 Swan Bay in the area
commencing at the maximum
high water mark and
continuing to a point where
the water is 2 metres deep at
that time
4136 An offence under regulation $100 use more than 10 recreational
516(5) of the Fisheries hoop nets in inland waters
Regulations 1998
4137 An offence under regulation $100 use more than 5 recreational
516(6) of the Fisheries hoop nets in the waters
Regulations 1998 specified in regulation 516(6)
except for those waters
specified in regulation 516(7)
4138 An offence under $100 take, attempt to take, or assist
regulation 518 of the in the taking of a soft-shelled
Fisheries Regulations 1998 rock lobster
4139 An offence under $100 use a scoop, dredge, fork,
regulation 525(1) of the spade, rake, shovel or other

Conservation, Forests and Lands (Infringement Notice)
(Amendment No. 3) Regulations 1998

S.R. No. 43/1998 r. 3
Fisheries Regulations 1998 hand held digging implement
for taking or attempting to
take molluscs or other marine
invertebrates, or use a bait
pump with a barrel exceeding
8.5 centimetres in diameter,
in marine waters
commencing at the maximum
high water mark and
continuing to a point where
the water is 2 metres deep at
that time
4140 An offence under $100 use a yabby pot, recreational
regulation 526(1) of the hoop net, bait trap or mesh
Fisheries Regulations 1998 net without a tag attached
which is clearly, legibly and
accurately marked with user's
full name and place of
residence, and fail to ensure
that the tag remains on or
above the water surface at all
times
4141 An offence under $100 use any yabby pot,
regulation 526(2) of the recreational hoop net, bait
Fisheries Regulations 1997 trap or mesh net with a tag
attached that is marked with
any information other than
user's full name and place of
residence
4142 An offence under section $150 fail to ensure that the
527(a) of the Fisheries equipment specified in

Regulations 1998

regulation 527(a) is attached to a buoy, flag, stake or other object that is clearly, legibly and accurately marked with the number of the access

licence
4143 An offence under section $150 fail to ensure that any rock
527(b) of the Fisheries lobster pot used is attached to
Regulations 1998 a buoy or flag and marked
with the registration number

Conservation, Forests and Lands (Infringement Notice)
(Amendment No. 3) Regulations 1998

r. 3 S.R. No. 43/1998

of the boat used in the setting

of that equipment

4144 An offence under section $150 fail to ensure that any yabby
527(c) of the Fisheries pot used is marked with the
Regulations 1998 access licence number
4145 An offence under section $150 fail to ensure that any of the
527(d) of the Fisheries equipment referred to in
Regulations 1998 regulation 527(a) of the
Fisheries Regulations 1998
does not contain any
markings other than the
number of the access licence
or boat number, as
appropriate
4146 An offence under regulation $100 use in marine waters more
528(1) of the Fisheries than 4 lines or a line with
Regulations 1998 more than 2 hooks or baits
attached
4147 An offence under regulation $100 use in inland waters more
528(2) of the Fisheries than 2 lines or a line with
Regulations 1998 more than 2 hooks or baits
attached
4148 An offence under regulation $150 use a registered fishing boat
607 of the Fisheries in Victorian waters without

Regulations 1998

the boat's identifying mark being clearly displayed on the boat at all times

4149 An offence under regulation $150 fail to ensure that a registered
608 of the Fisheries fishing boat's identifying

Regulations 1998

mark is clearly and legibly displayed on the boat at all times on both sides of the

Conservation, Forests and Lands (Infringement Notice)
(Amendment No. 3) Regulations 1998

S.R. No. 43/1998 r. 3

bow outside and clear of the water line or on both sides of the wheelhouse and in letters or numbers no less than 23

centimetres high, painted
black on a light background
or painted white on a dark

background".

═══════════════

Conservation, Forests and Lands (Infringement Notice)
(Amendment No. 3) Regulations 1998

Notes S.R. No. 43/1998

NOTES

1 Reg. 3: S.R. No.164/1992. Reprinted incorporating amendments up to

S.R. No. 159/1995 and subsequently amended by S.R. No. 21/1998.

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0