Fisheries (Abalone) Regulations 2001 (Vic)

Fisheries (Abalone) Regulations 2001

S.R. No. 145/2001

TABLE OF PROVISIONS

Regulation Page

1.	Objective	1
2.	Authorising provision	1
3.	Principal Regulations	1
4.	Amendment to definitions	1
5.	Amendment to conditions of Abalone Fishery Access Licence	3
6.	Amendment to conditions of Fish Receivers' (Abalone) Licences	3
7.	Amendments to conditions of Fish Receivers' (Abalone Storer)
Licences	4
8.	Amendments to Secretary's obligations and powers relating to
abalone fishery	6
9.	Schedule 6 substituted	7
SCHEDULE 6—Abalone stock record details	7

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ENDNOTES 9

i

STATUTORY RULES 2001

S.R. No. 145/2001

Fisheries Act 1995

Fisheries (Abalone) Regulations 2001

The Governor in Council makes the following Regulations:
Dated: 11 December 2001

Responsible Minister:

CANDY BROAD

Minister for Energy and Resources

HELEN DOYE

Clerk of the Executive Council

1. Objective

The objective of these Regulations is to provide for an internet based notification service for the abalone fishery.

2. Authorising provision

These Regulations are made under section 153 of the Fisheries Act 1995.

3. Principal Regulations

In these Regulations, the Fisheries Regulations

19981 are called the Principal Regulations.

4. Amendment to definitions

(1) In regulation 105(1) of the Principal Regulations,

the definition of "stock record" is revoked.

Fisheries (Abalone) Regulations 2001

S.R. No. 145/2001 r. 4

(2) In regulation 105(2) of the Principal

Regulations—

(a)	in the definition of "notification service", for "telephone service and number" substitute "contact service and details"; and
(b)

in the definition of "Secretary's substitute "the details"; and

(c) in the definition of "specified details"—

(i) paragraph (a)(iv) is revoked; and

(ii)

in paragraph (b)(i), for "name" number"; and

(iii) paragraph (b)(ii) is revoked; and

(iv)  for paragraph (c)(ii) substitute— "(ii) the trader identification number

contained in section (i) of Part B
of the certificate and all of the
information contained in
section (ii) of Part B of the
certificate"; and

(v)  for paragraph (d)(ii) substitute— "(ii) the trader identification number

contained in section (i) of Part A
of the certificate and all of the
information contained in
section (ii) of Part A of the

certificate"; and

(d) the definition of "stock record book" is revoked.

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r. 5 S.R. No. 145/2001

5.  Amendment to conditions of Abalone Fishery Access Licence

Regulation 303(3)(p)(iv) of the Principal
Regulations is revoked.

6.  Amendment to conditions of Fish Receivers' (Abalone) Licences

(1) Regulations 327(f)(iii), 328(1)(b)(iv),

328(2)(a)(iv) and 329(c)(iii) of the Principal

Regulations are revoked.

(2) In regulation 330 of the Principal Regulations—

(a) for paragraph (b) substitute— "(b) must—

(i) possible, maintain on the licensed

to the extent that is reasonably internet at any time; and

(ii) premises which is capable of
printing information accessed via

maintain a printer on the licensed is reasonably possible, ensure that the printer is in working order at all times; and"; and

(b)

for paragraphs (c)(i), (c)(ii) and (c)(iii) "(i) access the internet site notified under

regulation 627(1)(a) and access the part
of the site dealing with stock record
requests; and

(ii)  provide all the details listed in Schedule 6 in the manner required by that part of the site in respect of all abalone on the licensed premises at the time the details are provided; and

Fisheries (Abalone) Regulations 2001

S.R. No. 145/2001 r. 7

(iii) print a copy of those details; and
(iv) sign and date the copy; and

(v)  retain the copy on the licensed premises; and"; and

(c)	in paragraph (e), for ", small sales returns and stock records" substitute "and small sales returns"; and
(d)	in paragraph (f), for ", a small sales return or a stock record" substitute "or a small sales return"; and

(e) paragraph (f)(v) is revoked; and

(f)	in paragraph (g), omit "and all stock record books"; and
(g)	in paragraph (h), for "a stock record or a stock record book" substitute "or a stock record"; and
(h)	in paragraph (k)(i), omit "or stock record book"; and

(i) in paragraph (k)(ii), omit "; or"; and
(j) paragraph (k)(iii) is revoked.

7.  Amendments to conditions of Fish Receivers' (Abalone Storer) Licences

(1) Regulations 332(1)(b)(iv), 332(2)(a)(iv) and

333(c) of the Principal Regulations are revoked.

(2) In regulation 334(1) of the Principal

Regulations—

(a) for paragraph (b) substitute— "(b) must—

(i)  to the extent that is reasonably possible, maintain on the licensed

Fisheries (Abalone) Regulations 2001

r. 7 S.R. No. 145/2001

premises a means to access the

internet at any time; and

(ii) premises which is capable of
printing information accessed via

maintain a printer on the licensed is reasonably possible, ensure that the printer is in working order at all times; and"; and

(b)

for paragraphs (c)(i), (c)(ii) and (c)(iii) "(i) access the internet site notified under

regulation 627(1)(a) and access the part
of the site dealing with stock record
requests; and

(ii)  provide all the details listed in Schedule 6 in the manner required by that part of the site in respect of all abalone on the licensed premises at the time the details are provided; and

(iii) print a copy of those details; and
(iv) sign and date the copy; and

(v)  retain the copy on the licensed premises; and"; and

(c)	in paragraph (e), omit "and stock records"; and
(d)	in paragraph (f), omit "or a stock record"; and

(e) paragraph (f)(iv) is revoked; and

(f)	in paragraph (g), omit "and all stock record books"; and
(g)	in paragraph (h), omit "or stock record book"; and

Fisheries (Abalone) Regulations 2001

S.R. No. 145/2001 r. 8

(h) in paragraph (j)(i), for ", a stock record or a stock record book" substitute "or a stock record"; and

(i) in paragraph (j)(ii), omit "; or"; and
(j) paragraph (j)(iii) is revoked.

8.  Amendments to Secretary's obligations and powers relating to abalone fishery

In regulation 627 of the Principal Regulations—

(a) for sub-regulation (1)(a) substitute— "(a) the address for the internet site to be

used to notify the Secretary of the
specified details in relation to abalone;

and"; and

(b) for sub-regulation (1)(d) substitute— "(d) any changes to those addresses,

locations and numbers."; and

(c)

for sub-regulations (2)(a) and (2)(b) "(a) the Secretary must make all reasonable

efforts to give the licence holder (or
any person acting under that licence in
the case of an Abalone Fishery Access
Licence) confirmation via the
notification service of the specified
details provided by the licence holder
to the notification service and a
confirmation number as soon as is
practicable after the time at which the
details are provided to the notification

service; and

(b) if—

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r. 9 S.R. No. 145/2001

(i)  a licence holder (or any person acting under that licence in the case of an Abalone Fishery

Access Licence) has not received the notice within 15 minutes after the time at which the specified

details were provided to the
notification service; or

(ii)  if the details in the Secretary's confirmation are inaccurate—

the Secretary may authorise the licence holder (or any person acting under that licence in the case of an Abalone

Fishery Access Licence) to proceed
with processing or consigning the
abalone (as appropriate) without
receiving the confirmation and issue the
licence holder with a confirmation

number.".

9. Schedule 6 substituted

For Schedule 6 to the Principal Regulations substitute—

"SCHEDULE 6

ABALONE STOCK RECORD DETAILS

1.      Full name of licence holder

2.      Trader identification number

3.      For abalone products except canned abalone—

(a) Description of the abalone (e.g. live, frozen, parboiled, retort, chilled, dried)

(b) The species of abalone

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(c) The net weight (kg) of the abalone

4.      For canned abalone products—

(a) Description of the abalone (e.g. number of pieces of abalone per can)

(b) The drained weight (grams) of abalone per can (c) The number of cans of each species of abalone

5.      The time and date at which the details are provided.".

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Fisheries (Abalone) Regulations 2001

Endnotes S.R. No. 145/2001

ENDNOTES

1 Reg. 3: S.R. No. 23/1998. Reprint No. 2 as at 22 May 2001. Reprinted to

S.R. No. 43/2001 and amended by S.R. No. 78/2001.