Conservation, Forests and Lands (Infringement Notice) (Fisheries) Regulations 2001 (Vic)
Conservation, Forests and Lands (Infringement
Notice) (Fisheries) Regulations 2001
S.R. No. 36/2001
TABLE OF PROVISIONS
Regulation Page
1. Objectives 1 2. Authorising provisions 1 3. Amendment to Schedule of Offences 2
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i
STATUTORY RULES 2001
S.R. No. 36/2001
Conservation, Forests and Lands Act 1987
Conservation, Forests and Lands (Infringement
Notice) (Fisheries) Regulations 2001
The Governor in Council makes the following Regulations:
Dated: 24 April 2001Responsible Minister:
CANDY BROAD
Minister for Energy and Resources
HELEN DOYE
Clerk of the Executive Council
1. Objectives
The objectives of these Regulations are to amend
the Schedule to the Conservation, Forests andLands (Infringement Notice) Regulations 1992—
(a)
to prescribe further offences against a relevant law for which an infringement notice may be served; and
(b)
to prescribe the penalties for those prescribed offences.
2. Authorising provisions
These Regulations are made under sections 91 and
99 of the Conservation, Forests and Lands Act
1987.
Conservation, Forests and Lands (Infringement Notice)
(Fisheries) Regulations 2001
S.R. No. 36/2001 r. 3
3. Amendment to Schedule of Offences
After item 4321 of the Schedule to the
Conservation, Forests and Lands (InfringementNotice) Regulations 19921 insert—
"4322 An offence under $100 take or have in section 68A(3)(a) possession fish that of the Fisheries are less than the Act 1995 minimum size, or that
are more than the
maximum size,
specified by the
regulations for that
species of fish4323 An offence under $100 take or have in section 68A(3)(b) possession more fish of the Fisheries than the catch limit Act 1995 for that species of
fish4324 An offence under $150 take or possess more section 68A(4A) than the catch limit of the Fisheries for abalone but not Act 1995 more than twice the
catch limit4325 An offence under $100 as a person who is the section 102(7) of holder of a licence or the Fisheries Act permit, fail to 1995 produce the licence
or permit for
inspection on demand
by an authorised
officer or member of
the police force either
immediately, or if the
licence or permit is
not in the holder's
possession, at a time
within 7 days of the
demand and a place
stipulated by the
authorised officer or
member4326 An offence under $100 fish or take fish
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regulation 513 of from a boat within the Fisheries 100 metres of Hoses Regulations 1998 Rock or Hoses Rock
Barrier
4327 An offence under $100 as a person who is regulation 514(1) not the holder of an of the Fisheries access licence, use Regulations 1998 more than 2 bait traps
at any one time4328 An offence under $100 take fish from inland regulation 515(1) waters by the use of a of the Fisheries recreational bait net Regulations 1998
in waters other than the waters specified in regulation
515(1)(a)–(i) of the
Fisheries Regulations
19984329 An offence under $100 use a recreational bait regulation 515(2) net in Port Phillip of the Fisheries Bay or Western Port, Regulations 1998 the North or
Cunninghame Arms
of the Gippsland
Lakes, the Toorloo or
Nowa Nowa Arms of
Lake Tyers and
within 30 metres of
any pier or jetty, or
within 400 metres of
the mouth of any
creek or river or in
fisheries reserves4330 An offence under $150 use a recreational regulation 516(1) hoop net in any of the Fisheries marine waters other Regulations 1998 than Port Phillip Bay,
Western Port, the
Gippsland Lakes or
any inlet of the sea,
during the period
commencing on
1 September
and ending on
Conservation, Forests and Lands (Infringement Notice)
(Fisheries) Regulations 2001
S.R. No. 36/2001 r. 3
15 November in each
year
4331 An offence under $150 leave a recreational regulation 516(2) hoop net immersed or of the Fisheries set in any marine Regulations 1998
waters other than Port Phillip Bay, Western Port, the Gippsland
Lakes or any inlet of
the sea, during the
period commencing
on 1 September and
ending on
15 November in
each year4332 An offence under $150 use more than regulation 516(3) 2 recreational hoop of the Fisheries nets in marine waters Regulations 1998 4333 An offence under $150 possess more than regulation 516(4) 2 recreational hoop of the Fisheries nets in, on or within Regulations 1998 400 metres of any
marine waters4334 An offence under $100 use a recreational regulation hoop net that is 516(8)(a) of the constructed of Fisheries 2 hoops and of which Regulations 1998
the mesh size of the netting between the 2 hoops is less than 10·8 centimetres
4335 An offence under $100 use a recreational regulation hoop net that is 516(8)(b) of the constructed of 1 hoop Fisheries and of which the Regulations 1998 mesh size of the
netting is less than
10·8 centimetres4336 An offence under $150 take any berried giant regulation crab, berried rock 517(1)(a) of the lobster, berried bug Fisheries or berried spiny
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Regulations 1998 freshwater crayfish
4337 An offence under $150 land or cause to be regulation landed from any boat 517(1)(b) of the any berried giant Fisheries crab, berried rock Regulations 1998 lobster, berried bug
or berried spiny
freshwater crayfish4338 An offence under $150 possess berried giant regulation 517(2) crab, berried rock of the Fisheries lobster, berried bug Regulations 1998 or berried spiny
freshwater crayfish in
Victoria4339 An offence under $150 remove eggs from a regulation 517(3) berried giant crab, of the Fisheries berried rock lobster, Regulations 1998 berried bug or berried
spiny freshwater
crayfish4340 An offence under $150 land or cause to be regulation 519(1) landed any of the Fisheries dismembered giant Regulations 1998
crab or part of a giant crab, in, on or next to Victorian waters
4341 An offence under $100 land or cause to be regulation 520(1) landed shark in any of the Fisheries form other than in the Regulations 1998 form of a carcass, in,
on or next to
Victorian waters4342 An offence under $100 possess any snapper, regulation 520(2) King George whiting, of the Fisheries Murray cod, Regulations 1998
Macquarie perch or bream (all species), salmonids, (Brown trout, Rainbow trout
and Chinook
Conservation, Forests and Lands (Infringement Notice)
(Fisheries) Regulations 2001
S.R. No. 36/2001 r. 3
salmon), eels
(longfinned and
shortfinned) or
elephant fish in any
form other than in the
form of a carcass, in,
on or next to
Victorian waters
4343 An offence under $150 as a person who is regulation 522A not the holder of an of the Fisheries Abalone Fishery Regulations 1998 Access Licence or a
person who is not
acting under that
licence, fail to carry
an instrument to
measure abalone,
when taking abalone4344 An offence under $150 as a person who is the regulation 527(e) holder of an access of the Fisheries licence, fail to ensure Regulations 1998
that any fleet or line or octopus traps set by him or her is
marked with his or her access licence number
4345 An offence under $100 leave any fishing line regulation 528(4) unattended in inland of the Fisheries waters, the Gippsland Regulations 1998
Lakes, Lake Tyers, the Lower Lake at Mallacoota Inlet or Wingan Inlet
4346 An offence under $100 fail to immediately regulation 531 of return fish to the the Fisheries water with the least Regulations 1998 possible injury that
are not required to be
retained other than
noxious aquatic
species4347 An offence under $100 use live carp regulation 532(2) (including goldfish)
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of the Fisheries as bait Regulations 1998
4348 An offence under $100 use trout or salmon regulation ova as bait or berley 532(3)(a) of the to take or attempt to Fisheries take fish of any Regulations 1998 species 4349 An offence under $100 use the blood or offal regulation of any mammal as 532(3)(b) of the berley to take or Fisheries attempt to take fish of Regulations 1998 any species 4350 An offence under $100 fish or possess regulation 535(a) recreational fishing of the Fisheries equipment in or on Regulations 1998 the area bounded by a
line 20 metres from
the banks of the
Goulburn River from
the walk way over
the Eildon Pondage
Weir water release
gates to the fishing
boundary post
situated 200 metres
downstream4351 An offence under $100 fish or possess regulation 535(b) recreational fishing of the Fisheries equipment in or on Regulations 1998 the area bounded by a
line 20 metres from
the banks of Ryan's
Creek and Loombah
Weir between the
retaining wall of
Loombah Weir and
the retaining wall of
McCallsay Weir4352 An offence under $100 fish or possess regulation 535(c) recreational fishing of the Fisheries equipment in or on Regulations 1998 the area bounded by a
line 20 metres from
the banks of Seven
Conservation, Forests and Lands (Infringement Notice)
(Fisheries) Regulations 2001
S.R. No. 36/2001 r. 3
Creeks between the
retaining wall of
Polly McQuinns Dam
and the Galls Gap
Road Bridge which
crosses Seven Creeks
downstream from its
junction with
Watchbox Creek
4353 An offence under $150 as a person who takes regulation rock lobster other 536(1)(a) of the than under a Rock Fisheries Lobster Fishery Regulations 1998 Access Licence, fail
to mark the central
segment of the tail
fan of the rock
lobster by punching
in it a hole of not less
than 10 millimetres in
diameter or by
removing the
posterior quarter of
the central segment
of the tail fan by a
transverse cut so that
only the anterior
three-quarters of the
central segment
remain attached4354 An offence under $150 as a person who takes regulation rock lobster other 536(1)(b)(i) of the than under a Rock Fisheries Lobster Fishery Regulations 1998 Access Licence, fail
to comply with the
requirements of
regulation 536(1)(a)
of the Fisheries
Regulations 1998 if
the rock lobster is
caught by any means
from a boat, within
5 minutes of being
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brought to the boat and before landing
4355 An offence under $150 as a person who takes regulation rock lobster other 536(1)(b)(ii) of than under a Rock the Fisheries Lobster Fishery Regulations 1998 Access Licence, fail
to comply with the
requirements of
regulation 536(1)(a)
of the Fisheries
Regulations 1998 if
the rock lobster is
caught by any means
from the shore,
within 5 minutes or
before the rock
lobster is put into any
basket, bag or
receptacle, whichever
is the sooner4356 An offence under $150 sell abalone that does regulation 542 of not have the the Fisheries immediate packaging Regulations 1998 of the abalone
marked or labelled in
accordance with
regulation 330A of
the Fisheries
Regulations 19984357 An offence under $150 deface, damage, regulation 543(1) remove or destroy of the Fisheries abalone packaging or Regulations 1998 a label that has been
affixed to that
packaging in
accordance with
regulation 330A of
the Fisheries
Regulations, other
than removal of
packaging or a label
from abalone at the
place where the
abalone is to be
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(Fisheries) Regulations 2001
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S.R. No. 36/2001 r. 3 consumed
4358 An offence under $150 as the owner of a regulation 610(a) registered fishing of the Fisheries boat, fail to notify the Regulations 1998 Secretary of the name
and address of the
purchaser or
transferee within
14 days of selling or
transferring the
fishing boat4359 An offence under $150 as the owner of a regulation 610(b) registered fishing of the Fisheries boat, fail to forward Regulations 1998 to the Secretary the
registration certificate
issued in respect of
the boat within
14 days of selling or
transferring the
fishing boat4360 An offence under $150 fail to apply to the regulation 611(1) Secretary, in the form of the Fisheries approved by the Regulations 1998 Secretary, for the
transfer of the boat
registration within
14 days after
becoming the owner
of the boat if the boat
is to be used for a
purpose specified in
regulation 604(1)4361 An offence under $150 as the owner of boat, regulation 612 of fail to remove from the Fisheries the boat, or cause to Regulations 1998
be removed from the boat, the identifying mark, within 7 days of the date of expiry of a registration
certificate".
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Conservation, Forests and Lands (Infringement Notice)
(Fisheries) Regulations 2001
| Endnotes | S. | R. No. 36/2001 |
| ENDNOTES |
1 Reg. 3: S.R. No. 164/1992. Reprinted to S.R. No. 125/1999 and
subsequently amended by S.R. Nos 9/2000 and 14/2000.
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