Conservation, Forests and Lands (Primary Industries Infringement Notices) Amendment (Fisheries) Regulations 2014 (Vic)

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Conservation, Forests and Lands (Primary Industries Infringement Notices) Amendment (Fisheries) Regulations 2014

S.R. No. 185/2014

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Principal Regulations

5Definitions inserted into Schedule 2

6Amendment of Part 1 of Schedule 2

7New Part 1A inserted into Schedule 2

PART 1A—MISCELLANEOUS OFFENCES AGAINST THE REGULATIONS

8Amendment of Part 2 of Schedule 2

9Amendment of Part 3 of Schedule 2

10New Parts 7A and 7B inserted into Schedule 2

PART 7A—MISCELLANEOUS OFFENCES RELATING TO SCALLOP

PART 7B—MISCELLANEOUS OFFENCES RELATING TO SEA URCHIN

11New Parts 49, 50, 51 and 52 inserted into Schedule 2

PART 49—SCALLOP DIVE (PORT PHILLIP BAY) ACCESS LICENCE CONDITIONS—LICENCE HOLDER

PART 50—SCALLOP DIVE (PORT PHILLIP BAY) ACCESS LICENCE CONDITIONS—PERSON ACTING
ON BEHALF OF LICENCE HOLDER

PART 51—SEA URCHIN FISHERY ACCESS LICENCE CONDITIONS—LICENCE HOLDER

PART 52—SEA URCHIN ACCESS LICENCE CONDITIONS—PERSON ACTING ON
BEHALF OF LICENCE HOLDER

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ENDNOTES

STATUTORY RULES 2014

S.R. No. 185/2014

Conservation, Forests and Lands Act 1987

Conservation, Forests and Lands (Primary Industries Infringement Notices) Amendment (Fisheries) Regulations 2014

The Governor in Council makes the following Regulations:

Dated: 29 October 2014

Responsible Minister:

PETER WALSH
Minister for Agriculture and Food Security

YVETTE CARISBROOKE

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Conservation, Forests and Lands (Primary Industries Infringement Notices) Regulations 2013—

(a)to prescribe offences against a relevant law for which an infringement notice may be served; and

(b)to prescribe infringement penalties for those infringement offences.

2Authorising provision

These Regulations are made under section 99 of the Conservation, Forests and Lands Act 1987.

3Commencement

These Regulations come into operation on 30 October 2014.

4Principal Regulations

In these Regulations, the Conservation, Forests and Lands (Primary Industries Infringement Notices) Regulations 2013[1] are called the Principal Regulations.

5Definitions inserted into Schedule 2

In Schedule 2 to the Principal Regulations—

(a)after the definition of RLFAL insert the following definition—

"SDPPBAL means a Scallop Dive (Port Phillip Bay) Fishery Access Licence created by regulation 12(sa) of the Regulations;";

(b)after the definition of SRBFAL insert the following definition—

"SUFAL means a Sea Urchin Fishery Access Licence created by regulation 12(sb) of the Regulations;".

6Amendment of Part 1 of Schedule 2

(1)After item 4 of Schedule 2 to the Principal Regulations insert

"4A An offence against section 53(1) of the Act constituted by a contravention of regulation 58A of the Regulations 3 penalty units
4B An offence against section 53(1) of the Act constituted by a contravention of regulation 71A(2) of the Regulations 3 penalty units
4C An offence against section 54(6) of the Act 1 penalty unit
4D An offence against section 58A(1) of the Act 2 penalty units".

(2)After item 14 of Schedule 2 to the Principal Regulations insert

"14A An offence against section 71(1) of the Act 4 penalty units
14B An offence against section 89(6) of the Act 2 penalty units".

(3)After item 15 of Schedule 2 to the Principal Regulations insert

"15A An offence against section 109(3)(a) of the Act 2 penalty units
15B An offence against section 109(3)(b) of the Act 2 penalty units".

(4)In item 22 of Schedule 2 to the Principal Regulations, for "or (d)" substitute ", (d) or (f)".

7New Part 1A inserted into Schedule 2

After Part 1 of Schedule 2 to the Principal Regulations insert

"PART 1A—MISCELLANEOUS OFFENCES AGAINST THE REGULATIONS

32A An offence against regulation 68 of the Regulations 2 penalty units
32B An offence against regulation 69 of the Regulations 2 penalty units".

8Amendment of Part 2 of Schedule 2

After item 50 of Schedule 2 to the Principal Regulations insert

"50A An offence against regulation 86(7) of the Regulations 5 penalty units".

9Amendment of Part 3 of Schedule 2

(1)In item 73 of Schedule 2 to the Principal Regulations, for "1 penalty unit" substitute "2 penalty units".

(2)After item 79 of Schedule 2 to the Principal Regulations insert

"79A An offence against regulation 102A(1) of the Regulations 1 penalty unit
79B An offence against regulation 102A(2) of the Regulations 2 penalty units".

10New Parts 7A and 7B inserted into Schedule 2

After Part 7 of Schedule 2 to the Principal Regulations insert

"PART 7A—MISCELLANEOUS OFFENCES RELATING TO SCALLOP

126A An offence against section 120AC(2) of the Act constituted by a failure to comply with regulation 413ZA of the Regulations 5 penalty units

PART 7B—MISCELLANEOUS OFFENCES RELATING TO SEA URCHIN

126B An offence against section 120AC(2) of the Act constituted by a failure to comply with regulation 417T of the Regulations 3 penalty units".

11New Parts 49, 50, 51 and 52 inserted into Schedule 2

After Part 48 of Schedule 2 to the Principal Regulations insert

"PART 49—SCALLOP DIVE (PORT PHILLIP BAY) ACCESS LICENCE CONDITIONS—LICENCE HOLDER

537 An offence against section 53(1) of the Act constituted by the failure of a SDPPBAL holder to comply with regulation 413C of the Regulations 3 penalty units
538 An offence against section 53(1) of the Act constituted by the failure of a SDPPBAL holder to comply with regulation 413D(1) of the Regulations


3 penalty units
539 An offence against section 53(1) of the Act constituted by the failure of a SDPPBAL holder to comply with regulation 413E(1) of the Regulations 3 penalty units
540 An offence against section 53(1) of the Act constituted by the failure of a SDPPBAL holder to comply with regulation 413E(3) of the Regulations 3 penalty units
541 An offence against section 53(1) of the Act constituted by the failure of a SDPPBAL holder to comply with regulation 413F(1) of the Regulations 3 penalty units
542 An offence against section 53(1) of the Act constituted by the failure of a SDPPBAL holder to comply with regulation 413G(1) of the Regulations 3 penalty units
543 An offence against section 53(1) of the Act constituted by the failure of a SDPPBAL holder to comply with regulation 413G(2) of the Regulations 3 penalty units
544 An offence against section 53(1) of the Act constituted by the failure of a SDPPBAL holder to comply with regulation 413H(3) of the Regulations 3 penalty units
545 An offence against section 53(1) of the Act constituted by the failure of a SDPPBAL holder to comply with regulation 413I(1) of the Regulations 3 penalty units
546 An offence against section 53(1) of the Act constituted by the failure of a SDPPBAL holder to comply with regulation 413I(2) of the Regulations 3 penalty units
547 An offence against section 53(1) of the Act constituted by the failure of a SDPPBAL holder to comply with regulation 413J of the Regulations 3 penalty units
548 An offence against section 53(1) of the Act constituted by the failure of a SDPPBAL holder to comply with regulation 413L(1) of the Regulations

3 penalty units
549 An offence against section 53(1) of the Act constituted by the failure of a SDPPBAL holder to comply with regulation 413L(2) of the Regulations 3 penalty units
550 An offence against section 53(1) of the Act constituted by the failure of a SDPPBAL holder to comply with regulation 413L(3) of the Regulations 3 penalty units
551 An offence against section 53(1) of the Act constituted by the failure of a SDPPBAL holder to comply with regulation 413M of the Regulations 3 penalty units
552 An offence against section 53(1) of the Act constituted by the failure of a SDPPBAL holder to comply with regulation 413N of the Regulations 3 penalty units
553 An offence against section 53(1) of the Act constituted by the failure of a SDPPBAL holder to comply with regulation 413O of the Regulations 3 penalty units
554 An offence against section 53(1) of the Act constituted by the failure of a SDPPBAL holder to comply with regulation 413P of the Regulations 3 penalty units
555 An offence against section 53(1) of the Act constituted by the failure of a SDPPBAL holder to comply with regulation 413Q of the Regulations 3 penalty units
556 An offence against section 53(1) of the Act constituted by the failure of a SDPPBAL holder to comply with regulation 413R of the Regulations 3 penalty units
557 An offence against section 53(1) of the Act constituted by the failure of a SDPPBAL holder to comply with regulation 413S of the Regulations 3 penalty units
558 An offence against section 53(1) of the Act constituted by the failure of a SDPPBAL holder to comply with regulation 413T of the Regulations

3 penalty units
559 An offence against section 53(1) of the Act constituted by the failure of a SDPPBAL holder to comply with regulation 413U of the Regulations 3 penalty units
560 An offence against section 53(1) of the Act constituted by the failure of a SDPPBAL holder to comply with regulation 413V(1) of the Regulations 3 penalty units
561 An offence against section 53(1) of the Act constituted by the failure of a SDPPBAL holder to comply with regulation 413V(2) of the Regulations 3 penalty units
562 An offence against section 53(1) of the Act constituted by the failure of a SDPPBAL holder to comply with regulation 413V(3) of the Regulations 3 penalty units
563 An offence against section 53(1) of the Act constituted by the failure of a SDPPBAL holder to comply with regulation 413V(4) of the Regulations 3 penalty units
564 An offence against section 53(1) of the Act constituted by the failure of a SDPPBAL holder to comply with regulation 413W of the Regulations 3 penalty units
565 An offence against section 53(1) of the Act constituted by the failure of a SDPPBAL holder to comply with regulation 413X of the Regulations 3 penalty units

PART 50—SCALLOP DIVE (PORT PHILLIP BAY) ACCESS LICENCE CONDITIONS—PERSON ACTING ON BEHALF OF LICENCE HOLDER

566 An offence against section 53(4) of the Act constituted by the failure of a person acting on behalf of a SDPPBAL holder to comply with regulation 413C of the Regulations 3 penalty units
567 An offence against section 53(4) of the Act constituted by the failure of a person acting on behalf of a SDPPBAL holder to comply with regulation 413D(1) of the Regulations

3 penalty units
568 An offence against section 53(4) of the Act constituted by the failure of a person acting on behalf of a SDPPBAL holder to comply with regulation 413E(1) of the Regulations 3 penalty units
569 An offence against section 53(4) of the Act constituted by the failure of a person acting on behalf of a SDPPBAL holder to comply with regulation 413E(3) of the Regulations 3 penalty units
570 An offence against section 53(4) of the Act constituted by the failure of a person acting on behalf of a SDPPBAL holder to comply with regulation 413F(1) of the Regulations 3 penalty units
571 An offence against section 53(4) of the Act constituted by the failure of a person acting on behalf of a SDPPBAL holder to comply with regulation 413G(1) of the Regulations 3 penalty units
572 An offence against section 53(4) of the Act constituted by the failure of a person acting on behalf of a SDPPBAL holder to comply with regulation 413G(2) of the Regulations 3 penalty units
573 An offence against section 53(4) of the Act constituted by the failure of a person acting on behalf of a SDPPBAL holder to comply with regulation 413H(3) of the Regulations 3 penalty units
574 An offence against section 53(4) of the Act constituted by the failure of a person acting on behalf of a SDPPBAL holder to comply with regulation 413I(1) of the Regulations 3 penalty units
575 An offence against section 53(4) of the Act constituted by the failure of a person acting on behalf of a SDPPBAL holder to comply with regulation 413I(2) of the Regulations 3 penalty units
576 An offence against section 53(4) of the Act constituted by the failure of a person acting on behalf of a SDPPBAL holder to comply with regulation 413J of the Regulations 3 penalty units
577 An offence against section 53(4) of the Act constituted by the failure of a person acting on behalf of a SDPPBAL holder to comply with regulation 413L(1) of the Regulations

3 penalty units
578 An offence against section 53(4) of the Act constituted by the failure of a person acting on behalf of a SDPPBAL holder to comply with regulation 413L(2) of the Regulations 3 penalty units
579 An offence against section 53(4) of the Act constituted by the failure of a person acting on behalf of a SDPPBAL holder to comply with regulation 413L(3) of the Regulations 3 penalty units
580 An offence against section 53(4) of the Act constituted by the failure of a person acting on behalf of a SDPPBAL holder to comply with regulation 413M of the Regulations 3 penalty units
581 An offence against section 53(4) of the Act constituted by the failure of a person acting on behalf of a SDPPBAL holder to comply with regulation 413N of the Regulations 3 penalty units
582 An offence against section 53(4) of the Act constituted by the failure of a person acting on behalf of a SDPPBAL holder to comply with regulation 413O of the Regulations 3 penalty units
583 An offence against section 53(4) of the Act constituted by the failure of a person acting on behalf of a SDPPBAL holder to comply with regulation 413P of the Regulations 3 penalty units
584 An offence against section 53(4) of the Act constituted by the failure of a person acting on behalf of a SDPPBAL holder to comply with regulation 413Q of the Regulations 3 penalty units
585 An offence against section 53(4) of the Act constituted by the failure of a person acting on behalf of a SDPPBAL holder to comply with regulation 413R of the Regulations 3 penalty units
586 An offence against section 53(4) of the Act constituted by the failure of a person acting on behalf of a SDPPBAL holder to comply with regulation 413S of the Regulations 3 penalty units
587 An offence against section 53(4) of the Act constituted by the failure of a person acting on behalf of a SDPPBAL holder to comply with regulation 413T of the Regulations

3 penalty units
588 An offence against section 53(4) of the Act constituted by the failure of a person acting on behalf of a SDPPBAL holder to comply with regulation 413U of the Regulations 3 penalty units

589

An offence against section 53(4) of the Act constituted by the failure of a person acting on behalf of a SDPPBAL holder to comply with regulation 413V(1) of the Regulations 3 penalty units
590 An offence against section 53(4) of the Act constituted by the failure of a person acting on behalf of a SDPPBAL holder to comply with regulation 413V(2) of the Regulations 3 penalty units
591 An offence against section 53(4) of the Act constituted by the failure of a person acting on behalf of a SDPPBAL holder to comply with regulation 413V(3) of the Regulations 3 penalty units
592 An offence against section 53(4) of the Act constituted by the failure of a person acting on behalf of a SDPPBAL holder to comply with regulation 413V(4) of the Regulations 3 penalty units
593 An offence against section 53(4) of the Act constituted by the failure of a person acting on behalf of a SDPPBAL holder to comply with regulation 413W of the Regulations 3 penalty units

PART 51—SEA URCHIN FISHERY ACCESS LICENCE CONDITIONS—LICENCE HOLDER

594

An offence against section 53(1) of the Act constituted by the failure of a SUFAL holder to comply with regulation 417E(1) of the Regulations

3 penalty units

595

An offence against section 53(1) of the Act constituted by the failure of a SUFAL holder to comply with regulation 417F(1) of the Regulations

3 penalty units

596

An offence against section 53(1) of the Act constituted by the failure of a SUFAL holder to comply with regulation 417F(3) of the Regulations


3 penalty units

597 An offence against section 53(1) of the Act constituted by the failure of a SUFAL holder to comply with regulation 417G of the Regulations 3 penalty units
598 An offence against section 53(1) of the Act constituted by the failure of a SUFAL holder to comply with regulation 417I(3) of the Regulations 3 penalty units
599 An offence against section 53(1) of the Act constituted by the failure of a SUFAL holder to comply with regulation 417J(1) of the Regulations 3 penalty units
600 An offence against section 53(1) of the Act constituted by the failure of a SUFAL holder to comply with regulation 417J(2) of the Regulations 3 penalty units
601 An offence against section 53(1) of the Act constituted by the failure of a SUFAL holder to comply with regulation 417K of the Regulations 3 penalty units
602 An offence against section 53(1) of the Act constituted by the failure of a SUFAL holder to comply with regulation 417M(1) of the Regulations 3 penalty units
603 An offence against section 53(1) of the Act constituted by the failure of a SUFAL holder to comply with regulation 417M(2) of the Regulations 3 penalty units
604 An offence against section 53(1) of the Act constituted by the failure of a SUFAL holder to comply with regulation 417M(3) of the Regulations 3 penalty units
605 An offence against section 53(1) of the Act constituted by the failure of a SUFAL holder to comply with regulation 417N of the Regulations 3 penalty units
606 An offence against section 53(1) of the Act constituted by the failure of a SUFAL holder to comply with regulation 417O of the Regulations

3 penalty units
607 An offence against section 53(1) of the Act constituted by the failure of a SUFAL holder to comply with regulation 417P of the Regulations 3 penalty units
608 An offence against section 53(1) of the Act constituted by the failure of a SUFAL holder to comply with regulation 417Q of the Regulations 3 penalty units

PART 52—SEA URCHIN ACCESS LICENCE CONDITIONS—PERSON ACTING ON BEHALF OF LICENCE HOLDER

609 An offence against section 53(4) of the Act constituted by the failure of a person acting on behalf of a SUFAL holder to comply with regulation 417E(1) of the Regulations 3 penalty units
610 An offence against section 53(4) of the Act constituted by the failure of a person acting on behalf of a SUFAL holder to comply with regulation 417F(1) of the Regulations 3 penalty units
611 An offence against section 53(4) of the Act constituted by the failure of a person acting on behalf of a SUFAL holder to comply with regulation 417F(3) of the Regulations 3 penalty units
612 An offence against section 53(4) of the Act constituted by the failure of a person acting on behalf of a SUFAL holder to comply with regulation 417G of the Regulations 3 penalty units
613 An offence against section 53(4) of the Act constituted by the failure of a person acting on behalf of a SUFAL holder to comply with regulation 417I(3) of the Regulations 3 penalty units
614 An offence against section 53(4) of the Act constituted by the failure of a person acting on behalf of a SUFAL holder to comply with regulation 417J(1) of the Regulations 3 penalty units
615 An offence against section 53(4) of the Act constituted by the failure of a person acting on behalf of a SUFAL holder to comply with regulation 417J(2) of the Regulations


3 penalty units

616

An offence against section 53(4) of the Act constituted by the failure of a person acting on behalf of a SUFAL holder to comply with regulation 417K of the Regulations 3 penalty units
617 An offence against section 53(4) of the Act constituted by the failure of a person acting on behalf of a SUFAL holder to comply with regulation 417M(1) of the Regulations 3 penalty units
618 An offence against section 53(4) of the Act constituted by the failure of a person acting on behalf of a SUFAL holder to comply with regulation 417M(2) of the Regulations 3 penalty units
619 An offence against section 53(4) of the Act constituted by the failure of a person acting on behalf of a SUFAL holder to comply with regulation 417M(3) of the Regulations 3 penalty units
620 An offence against section 53(4) of the Act constituted by the failure of a person acting on behalf of a SUFAL holder to comply with regulation 417N of the Regulations 3 penalty units
621 An offence against section 53(4) of the Act constituted by the failure of a person acting on behalf of a SUFAL holder to comply with regulation 417O of the Regulations 3 penalty units
622 An offence against section 53(4) of the Act constituted by the failure of a person acting on behalf of a SUFAL holder to comply with regulation 417P of the Regulations 3 penalty units
623 An offence against section 53(4) of the Act constituted by the failure of a person acting on behalf of a SUFAL holder to comply with regulation 417Q of the Regulations 3 penalty units".

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ENDNOTES


[1] Reg. 4: S.R. No. 61/2013 as amended by S.R. No. 40/2014.

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