Fisheries Act 1995 (Vic)

Version No. 104

Fisheries Act 1995

No. 92 of 1995

Version incorporating amendments as at

22 October 2025

TABLE OF PROVISIONS

Section  Page

Part 1—Preliminary

1Purpose

2Commencement

3Objectives of Act

3AConsultation principles

4Definitions and interpretative provisions

5Definition of fish

6Declaration of fishing bait

7Definition of fishery

7AMeaning of species

7BExpanded meaning of possession of fish or fishing equipment

8Definition of Victorian waters and waters

9Act to bind the Crown

10Crown property

11Application of this Act

11AATraditional owner agreement for natural resources

11AThis Act applies to fisheries reserves on land

11BExtraterritorial operation of Act

11CLicence, approval and quota not personal property

Part 2—Commonwealth and State management of fisheries

Division 1—Commonwealth–State management

12Powers and functions of Minister and deputy

13Power to enter into agreements

14Judicial notice and publication of agreement

15Functions of Joint Authority

16Delegation

17Procedure of Joint Authorities

18Report of Joint Authority to be tabled

19Arrangement for management of certain fisheries

20Application of Act to fisheries in accordance with arrangements

21Functions of Joint Authority

22Joint Authority to exercise certain powers instead of Minister

23Provisions to apply to Joint Authority fishery

24Statement in an arrangement to be sufficient evidence

25Regulations and notices

Division 2—State–State management

26Power to enter into agreements

27Powers and functions

Part 3—Management plans

28Management plans

29Contents of fishery management plan

30Contents of fisheries reserve management plan

31Contents of declared noxious aquatic species management plan

32Submissions on management plan

33Amendment of management plan

34Duty of public authorities

35Inconsistency

Part 4—Regulation of fisheries

Division 1—Offences, licences, general permits and authorisations

36Offences relating to commercial fishing activities

37Offences relating to commercial abalone equipment

38Access licences

39Restrictions concerning access licences

40Offence to receive or sell any fish

41Fish receiver licences

42Offences relating to aquaculture and live fish etc.

43Aquaculture licences

44Offences relating to recreational fishing

45Recreational fishery licences

46Group recreational fishery licence

47Recreational fishing that does not require a licence

49General permit

50Special provisions concerning general permits for developing fisheries

50ALicence does not confer automatic rights on water authority property

50BFishery licences not transferable unless regulations allow

Division 2—Issue, variation, conditions etc. of licences and permits

51Issue of fishery licences

51AMinister may determine that licences be publicly sold

52Conditions of fishery licences and permits

53Offence to fail to comply with licence or permit conditions

54Changes to licence or permit conditions

55Variations of licences and permits by regulation

56Transfer of licences

57Certain licences may be renewed

57ATransitional provision concerning certain licences not held by one person

57BRestriction on the re-issue of cancelled licences

57CTransitional provision concerning certain licences not held by one person

58Powers of Victorian Fisheries Authority to cancel or suspend licences

58ALicences or permits must be returned to Victorian Fisheries Authority

59Registration of financial interests

59ARegistration of financial interests

60Cancelled transferable licences may be transferred

60ARemoval notice on cessation of aquaculture activities

Division 3—Ministerial directions and quota notices concerning fisheries

61Minister may issue directions

61AValidation of direction published on 3 April 2003

63Compensation arising from the cancellation of access licences under section 61

64Initial quota order

64AFurther quota order

64ABSub-zone orders

64BGeneral quota order provisions

64CNo compensation payable for losses resulting from quota orders

65Quota notices

65ATransfer of individual quota units

65BMinister may determine that quota units be publicly sold

66Offences in relation to individual quota

66AOffences in relation to sub-zones

Division 3A—Abalone quota

66BExisting quota orders

66CInitial abalone quota order

66DFurther abalone quota order

66ESub-zone abalone orders

66FWhen abalone quota order takes effect

66GAbalone Fishery Access Licence specification

66HAbalone quota unit holding statement

66IEntitlement of holder of an individual abalone quota unit

66JNotification by holder of an individual abalone quota unit

66KTransfer of individual abalone quota units

66LMinister may determine that quota units be publicly sold

66MOffences in relation to individual abalone quota by holders of Abalone Fishery Access Licences

66NOffences in relation to abalone sub-zones

66ORequirement on holder of an Abalone Fishery Access Licence to hold minimum number of individual blacklip abalone quota units

66PAdditional penalty on holder of an individual abalone quota unit in relation to an abalone offence

66QPenalty for failure to pay royalty or levy

66RForfeiture of individual abalone quota unit

Division 4—Fishing closures and restrictions

67Fishing closures

68Prohibition to prevail

68AOffences in relation to size and catch limits

68BPossession of fish taken in non-Victorian waters

Part 5—Protection of fisheries

Division 1—Protected aquatic biota

69Declaration of protected aquatic biota

70Provisions applying to declaration

71Authorisation in relation to protected aquatic biota

72Protected aquatic biota permits

73Order in Council

Division 2—Noxious aquatic species

75Declaration of noxious aquatic species

76Offences concerning prohibited noxious aquatic species

81Noxious aquatic species permits

82Revocation of permit

83Authorisation

84Notice to be given of location of noxious aquatic species

85Seizure and removal of noxious aquatic species

86Prevention of spread of aquatic noxious species

87No penalty if noxious aquatic species specimen is killed immediately

Division 3—Fisheries reserves

88Fisheries reserves

89Provisions applying to fisheries reserves

Part 6—Fisheries Advisory Council

90Fisheries Advisory Council

91Function of the Council

92Council is public entity

93Membership of Council

94Deputy chairperson

95Terms of appointment of members

96Resignation and removal of members

97Department's representative at Council meetings

97AProceedings of the Council

97BAnnual reports

Part 7—Enforcement and legal proceedings

Division 1—Enforcement powers

98References in this Part to offences include associated offences under other Acts

101AAuthorised officer may execute warrant to arrest

101BPowers of arrest

101CPower to arrest person in breach of an order

101DArrest on reasonable grounds not to be taken to be unlawful

101EPower to arrest person released on bail

101FPower to arrest a person against whom a warrant has been issued

101GPower to search person for priority species

101HRecords of searches

101IInformation on searches to be included in annual report

102Powers of entry and inspection

102AProduction of financial records

103Powers to search land or premises

103AAnnouncement before entry

103BDetails of warrant to be given to occupier

104Provisions relating to the seizure of items

104AMagistrates' Court may extend 21 day period

105Powers of seizure

106Forfeiture or return of things seized or retained

106AAActions that may be taken in the case of seized things subject to automatic forfeiture

106ABDisposal notice

106ACPerson may claim return of seized thing from chief executive officer

106ADSeized thing condemned if not claimed in time

106AECourt may make a condemnation order in respect of thing forfeited to Crown

106AFPayment of infringement penalty not to affect certain actions

106AMagistrates' Court may extend 90 day period

107Disposal of live fish or perishable things

108Offence in relation to property seized or retained

108ARetention notices

108BEvidentiary provisions relating to retention notices

109Power to require name and address

110Hot pursuit of persons and boats beyond Victorian waters

111Offences with respect to authorised officers

Division 1A—Indictable offences

111AOffence to traffick in a commercial quantity of a priority species

111BOffence to take a commercial quantity of a priority species within 24 hours

111COffence to possess a commercial quantity of a priority species

Division 2—Other general offences

112Use of explosives, poisons, substances or equipment for fishing

113Interference with lawful fishing activities or aquaculture activities

114Prohibition on possession, sale or use of boats and equipment

115Unlawful interference with commercial fishing equipment or aquaculture equipment

116Sale of fish taken in contravention of this Act or corresponding law

117Use of foreign boat for fishing

118Having foreign boat equipped with commercial fishing equipment

118AAbalone only to be sold in properly labelled packaging

118BAbalone packaging not to be disturbed

119Passage of fish not to be blocked

119AOffence to knowingly make or furnish false or misleading statements or documents

119BOffence to make false or misleading statements

120Liability for offences

Division 2A—Offences concerning records and the keeping of information

120AChief executive officer may require details of fish etc. taken or received

120AADocuments detailing sale of certain fish to be created

120ABDocuments detailing receipt of certain fish to be obtained

120ACPossessor of certain quantities of fish to produce document concerning possession

120BDocuments to be kept for 3 years

120CWriting to be legible, visible and in English

Division 3—Proceedings and evidentiary

121Service

122Evidentiary and onus of proof provisions

123Simplification of proof

123AProcedure to be followed before certain certificates are evidence

124Statement to be evidence of authority

124AStatement to be evidence of certain matters

125Evidence of locality

126Evidence of consignment

126AEvidence of weight or measurement

126BLabel of can of abalone is evidence of contents

127Time for bringing proceedings

Division 4—Additional penalties and remedies

128Additional penalties for licence holders committing offences

128AAdditional penalty for agents of licence holders

129Additional penalty—offence by corporation

129ACourt may order offenders to take specified actions

130Court may prohibit person from being on boats or certain places

130AACourt may prohibit persons from recreational fishing

130AFurther prohibition court order

130BProhibition to be in or on specified waters

130CContempt of court proceedings if order breached

13110 year limit on previous offences by licence holders

Part 7A—Controlled operations

Division 1—Introduction

131ADefinitions

131BEvidentiary matters

Division 2—Authorisation of controlled operations

131CApplications for authorities to conduct controlled operations

131DDetermination of applications

131EMatters to be taken into account

131FForm of authority

Division 3—Variation and cancellation of authorities

131GWhen can an authority be varied?

131HApplication for variation of authority

131IDetermination of application to vary authority

131JForm of variation of authority

131KCancellation of authorities

Division 4—Effect of authorities

131LEffect of authorities

131MDefect in authority

131NEffect of being unaware of variation or cancellation of authority

131OProtection from criminal responsibility for certain ancillary conduct

Division 5—Notification of third parties

131PNotification requirements

Division 6—Compliance and monitoring

131QUnauthorised disclosure of information

131RPrincipal law enforcement officers' reports

131SChief executive officer's reports

131TAnnual report by Integrity Oversight Victoria

131UKeeping documents connected with authorised operations

131VGeneral register

131WInspection of records by Integrity Oversight Victoria

Division 7—General

131XNo delegations

131YEvidence of authorities

131ZTransitional provision

Part 8—General

Division 1—Licensing procedures

132Commercial Fisheries Licensing Panel

133Proceedings of Commercial Fisheries Licensing Panel

134Functions of Commercial Fisheries Licensing Panel

136Application for review by VCAT

137Reviewable decisions

Division 2—Miscellaneous

138AConferral of powers of authorised officers

139Fish research stations and hatcheries on Crown land

140Research carried out by Secretary or Victorian Fisheries Authority

141Fisheries Plant and Equipment Fund

142Immunity provision

143No compensation payable

144Supreme Court—limitation of jurisdiction

145Availability for inspection

145AVictorian Fisheries Authority may supply names to representative bodies

146Secrecy provision

147Improper use of information

147AUse of information contrary to restrictions

148Application—general provisions

149Licences and permits—general provisions

150Royalties

151Levy

151AAdditional provisions applying to royalties and levies

151BRecreational Fishing Licence Trust Account

Division 3—Fisheries notices and regulations

152Fisheries notices

153Regulations

Division 4—Cancellation of licences and restrictions on fishing

153ACancellation of scallop licences

153BAcquisition of scallop licences

153CRestriction against commercial net fishing in Western Port

Division 5—Restriction against commercial net fishing in Port Phillip Bay

153DDefinitions for this Division

153ERestriction against commercial net fishing in Port Phillip Bay

153FElection to retain licence

153GElection to surrender licence

153HPower of Secretary to cancel licence

153ICompensation

153JState not liable

153KDelegation

153LTransfer of licence

Division 6—Cancellation of Gippsland Lakes Fishery Access Licences

153MDefinitions for this Division

153NLicence holder may elect to surrender Gippsland Lakes Fishery Access Licence

153OCancellation of Gippsland Lakes Fishery Access Licences on 1 April 2020

153PCancellation of Gippsland Lakes Fishery Access Licences on 1 April 2021

153QRights and privileges against State extinguished

153RState not liable

153SCompensation for cancellation of licences

153TExemption from offence relating to possession of commercial fishing equipment

Part 9—Consequential and transitional

154Repeal of Fisheries Act 1968 and savings

155Saving of existing licences and permits after repeal

155AConversion of existing licences

155BBeneficial owners of abalone licences may seek new licence

155CTransitional regulations

155DRight to licence lapses if licence not renewed

156Transitional provision—appeals on section 155A or 155B decision

157Transitional provision—sections 13A, 13AA and 13C of the Fisheries Act 1968

158Transitional provision—eligibility criteria

158ATransitional provision—issue of licences

163ATransitional provision—Primary Industries Legislation Amendment Act 2009—References to fish receiver licence

163BTransitional and savings provisions—Primary Industries Legislation Amendment Act 2009

163CTransitional provision—Crimes Legislation Amendment Act 2010

163DTransitional provisions—Fisheries Amendment Act 2011

163ETransitional provision—Integrity and Accountability Legislation Amendment Act 2012

163FTransitional provisions—Primary Industries Legislation Amendment Act 2019

Part 10—Transitional provisions—National Parks (Marine National Parks and Marine Sanctuaries) Act 2002

Division 1—General

164Definitions

165Compensation only payable to licence holders and permit holders as provided in this Part

166Certificate for purposes of evidence

Division 2—Entitlements for eligible rock lobster access licence holders

167Reduced catch entitlements—eligible rock lobster access licence holders

168Increased costs entitlements—eligible rock lobster access licence holders

Division 3—Entitlements for eligible specified access licence holders

169Reduced catch entitlements—eligible specified access licence holders

170Increased costs entitlements—eligible specified access licence holders

Division 4—Entitlements for eligible charter boat operators

171Increased costs entitlements—eligible charter boat operators

Division 5—Determinations of the Panel—eligible rock lobster access licence holders and eligible specified access licence holders

172Application to Panel for determination of interim payment—eligible rock lobster access licence holders and eligible specified access licence holders

173Determinations of the Panel as to interim payments—eligible rock lobster access licence holders and eligible specified access licence holders

174Application to Panel for determination of final payment—eligible rock lobster access licence holders and eligible specified access licence holders

175Determinations of the Panel as to final payments—eligible rock lobster access licence holders and eligible specified access licence holders

176Procedures for making determinations of final payments—eligible rock lobster access licence holders and eligible specified access licence holders

Division 6—Determinations of the Panel—eligible charter boat operators

177Application to Panel for determination of interim payment—eligible charter boat operators

178Determinations of the Panel as to interim payments—eligible charter boat operators

179Application to Panel for determination of final payment—eligible charter boat operators

180Determinations of the Panel as to final payments—eligible charter boat operators

181Procedures for making determinations of final payments—eligible charter boat operators

Division 7—Review of determinations by the Tribunal

182Applications for the Tribunal to review determinations

183Determinations of applications by the Tribunal

Division 8—Constitution and proceedings of the Panel

184Compensation Assessment Panel

185Deputies for members of the Panel

186Registrar of the Panel

187Meetings of the Panel

188Proceedings of the Panel

189Conducting proceedings of the Panel

Division 9—Constitution and proceedings of the Tribunal

190Compensation Appeals Tribunal

191Deputies for members of the Tribunal

192Registrar of the Tribunal

193Meetings of the Tribunal

194Proceedings of the Tribunal

195Conducting proceedings of the Tribunal

Division 10—Annual reports on fisheries

196Annual reports on fisheries to be prepared

197Tabling of annual reports on fisheries

198Minister to have regard to reports

Part 10A—Transitional provisions—Victorian Fisheries Authority Act 2016

198ADefinition

198BTransitional provision for power to enter into agreements under section 13

198CTransitional provision for power to enter into agreements under section 26

198DTransitional provision for access licences

198ETransitional provision for fishery licences

198FTransitional provision for changes to licence or permit conditions

198GTransitional provision for transfer of licences

198HTransitional provision for licence renewal

198ITransitional provision for costs of failure to comply with a removal notice on cessation of aquaculture activities

198JTransitional provision for transfer of individual quota units

198KTransitional provision for abalone quota unit holding statement

198LTransitional provision for abalone quota unit holding statement

198MTransitional provision for protected aquatic biota permits

198NTransitional provision for noxious aquatic species permits

198OTransitional provision for recovery of costs of seizure and removal of noxious aquatic species

198PTransitional provision for prevention of spread of aquatic noxious species

198QTransitional provision for provisions applying to fisheries reserves

198RTransitional provision for security for return of thing seized

198STransitional provision for claims by Secretary for return of things seized

198TTransitional provision for claim for return of thing seized by Secretary

198UTransitional provision for applications for condemnation orders

198VTransitional provision for costs incurred in removing obstruction

198WTransitional provision for court orders for offenders to take specified actions

198XTransitional provision for court orders for offenders to take specified actions

198YTransitional provision for further prohibition court orders

198ZTransitional provision for prohibition to be in or on specified waters

198ZATransitional provision for applications for authorities to conduct controlled operations

198ZBTransitional provision for application for variation of authority

198ZCTransitional provision for Secretary's reports

198ZDTransitional provision for documents and general register

Part 11—Determination of disputes

Division 1—Preliminary matters

199Application of this Part

200Definitions

Division 2—Application/referral process

201Application or referral of disputed claim

202Jurisdiction

203Form of notice of referral

204Service of notice of referral on other parties

205Withdrawal application

Division 3—Compulsory conference in the court

206Compulsory conference

207Objects of compulsory conference

208Parties may vary offer or claim

209Settlement

Division 4—Determinations

210Determination of claim

211Principles to be applied in determining compensation

212Costs

213Payment of compensation

214Supreme Court—limitation of jurisdiction

Schedules

Schedule 3—Regulation-making powers

Schedule 4—Restriction of net fishing in Port Phillip Bay

Schedule 5—Cancellation of Gippsland Lakes Fishery Access Licences

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Endnotes

1     General information

2     Table of Amendments

3     Explanatory details

Version No. 104

Fisheries Act 1995

No. 92 of 1995

Version incorporating amendments as at

22 October 2025

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1Purpose

The purpose of this Act is to—

(a)provide a modern legislative framework for the regulation, management and conservation of Victorian fisheries including aquatic habitats;

(b)reform the law relating to Victorian fisheries;

(c)repeal the Fisheries Act 1968;

(d)make consequential amendments to other Acts.

2Commencement

(1)Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2)If a provision of this Act does not come into operation before 1 January 1999, it comes into operation on that day.

*                *                *                *                *

3Objectives of Act

The objectives of this Act are—

(a)to provide for the management, development and use of Victoria's fisheries, aquaculture industries and associated aquatic biological resources in an efficient, effective and ecologically sustainable manner;

(b)to protect and conserve fisheries resources, habitats and ecosystems including the maintenance of aquatic ecological processes and genetic diversity;

(c)to promote sustainable commercial fishing and viable aquaculture industries and quality recreational fishing opportunities for the benefit of present and future generations;

(d)to facilitate access to fisheries resources for commercial, recreational, traditional and non-consumptive uses;

(e)to promote the commercial fishing industry and to facilitate the rationalisation and restructuring of the industry;

(f)to encourage the participation of resource users and the community in fisheries management.

3AConsultation principles

(1)To the extent that it is practicable, the following consultation principles apply to decisions made by the Minister, Secretary or Victorian Fisheries Authority under this Act, which affect the use and conservation of Victoria's fisheries resources—

(a)the purpose of consultation and any consultation process should be clear, open, timely and transparent;

(b)the level of consultation should reflect the likely impact of decisions on persons and fisheries resources;

(c)the consultation process should be adequately resourced;

(d)the consultation process should be flexible and designed to take into account the number and type of persons to be consulted and their ability to contribute to the process;

(e)the consultation process should involve consideration of representative advice which represents the views and values of the persons represented;

(f)representative advice in relation to the following persons or groups should be considered during any consultation process—

(i)recreational fishers;

(ii)commercial fishers;

(iii)aquaculture operators;

(iv)conservation groups;

(v)indigenous groups;

(g)the consultation process should consider expert advice, which should be obtained from the most appropriate provider;

(h)any expert advice obtained during the consultation process should be made available to persons participating in the consultation process.

(2)Without limiting the generality of subsection (1), for the purposes of that subsection, the following decisions are taken to affect the use and conservation of Victoria's fisheries resources—

(a)a decision by the Minister to declare or amend a management plan under Part 3;

(b)a decision by the Victorian Fisheries Authority to vary a class of fishery licence under section 54(1)(c);

(c)a decision under section 54(1)(d) by the Victorian Fisheries Authority to vary or revoke a condition imposed by the Victorian Fisheries Authority, or to impose a new condition, on a class of fishery licence;

(d)a decision by the Minister to give, revoke or amend a direction on matters relating to the management of fisheries or zones in a fishery under section 61;

(e)a decision by the Minister to make, revoke or amend a quota order in relation to a fishery under section 64, 64A, 66C or 66D;

(f)a decision by the Minister to make, revoke or amend an order declaring sub-zones in a quota fishery under section 64AB or 66E;

(g)a decision by the Minister to appoint a person as a member of the Commercial Fisheries Licensing Panel under section 132(2)(c) or 132(2)(d);

*                *                *                *                *

(i)decisions relating to the making and content of regulations in respect of royalties and levies imposed in accordance with sections 150 and 151;

(j)decisions by the Minister relating to priorities for the disbursement of funds that may be paid out of the Recreational Fishing Licence Trust Account under section 151B;

(k)a decision by the Minister to make a fisheries notice under section 152(1).

(3)This section does not apply in relation to the following decisions—

(a)decisions which are specific to an individual licence or permit, the holder of a licence or permit or a person acting on behalf of a holder of a licence or permit;

(b)reviewable decisions within the meaning of section 137.

(4)In this section person includes an association or body.

4Definitions and interpretative provisions

(1)In this Act—

abalone means blacklip and greenlip abalone and includes all other species, forms, races and hybrids of abalone;

access licence means a licence issued under section 38;

*                *                *                *                *

angle means use a line (whether or not attached to a rod) for the purpose of taking fish;

appointed day means the appointed day or the relevant appointed day specified under section 155(3);

*                *                *                *                *

aquaculture licence means a licence issued under section 43;

aquatic invertebrate means an invertebrate that lives in water for the whole or part of its life cycle;

arrangement means an arrangement made by the State with the Commonwealth under this Act whether or not it is also made with another State or other States and an arrangement made by the State with another State or States;

associated offence has the meaning set out in section 98(1);

*                *                *                *                *

authorised officer means a person appointed as an authorised officer under the Conservation, Forests and Lands Act 1987 for the purposes of this Act, a person appointed under Part 3 of the Victorian Fisheries Authority Act 2016 or the chief executive officer;

blacklip abalone, in relation to abalone quota management, catch and size limits and closed seasons, means—

(a)all species of abalone other than greenlip abalone; and

(b)all other forms, races and hybrids of abalone;

boatmeans any means of transportation on water;

carcass means

(a)in relation to shark or elephantfish, the body of a shark or elephantfish which is not cut or mutilated in any manner other than to remove the gut and head forward and clear of the posterior gill slit; and

(b)in relation to scale fish, the body of a fish which is not cut or mutilated in any manner other than to remove the gut or gills or scale the fish; and

(c)in relation to spiny freshwater crayfish, the body of a crayfish which—

(i)is not cut in any way other than to remove one or more legs or claws; or

(ii)is not mutilated in any way other than the absence of one or more legs or claws;

catch limit means any limit imposed under this Act on the quantity or type of fish or fishing bait that may be taken, possessed or controlled in any specified circumstances, regardless of—

(a)whether the limit is expressed in terms of numbers, volume, weight, size or value;

(b)how the fish are specified;

(c)whether the circumstances refer to how, when, where or by whom the taking, possessing or controlling occurs;

(d)whether the limit applies to the whole, or only a part, of Victoria—

and includes trip, possession and bag limits, but does not include any limit relating to total allowable catches set under a quota order or to individual quotas or individual quota units;

chief executive officer means the chief executive officer of the Victorian Fisheries Authority;

closed season in relation to a species of fish means any time or period during which the taking of fish of that species is prohibited under this Act;

coastal waters in relation to the State has the same meaning as it has in the Commonwealth Act;

commercial abalone equipment means any device or mechanical thing that is designed for use, or that is capable of being used, for or in connection with the taking of abalone, and includes any underwater breathing apparatus, knife, probe, lever, iron or bar;

commercial aquaculture equipment means any equipment which is prescribed to be commercial aquaculture equipment;

Commercial Fisheries Licensing Panel means the Commercial Fisheries Licensing Panel referred to in section 132;

commercial fishing equipment means—

(a)any fish trap, hoop net or fishing net (other than recreational fishing equipment when used by a recreational fisher in accordance with this Act);

(b)any electrical or sonar device that is designed for use, or that is capable of being used, for or in connection with the taking of fish;

(c)any other device or mechanical thing that is designed for use, or that is capable of being used, for or in connection with the taking of fish (including any tipper used in connection with a scallop dredge);

(d)any yabby pot or crab pot;

(e)any drop line or fishing line left fixed or set in water (including fishing lines, hooks and snoods designed to be fixed or set but not yet fixed or set) whether or not the line, hook or snood is fixed or set from the shore or from a buoy or other object, but not including handlines, rods and reels that are being used by a recreational fisher in accordance with this Act;

(f)any recreational fishing equipment when being used by or under the supervision of a fishery licence or permit holder (or the agent of such a holder) as part of a commercial fishing activity;

(g)any other equipment that the regulations state is commercial fishing equipment;

(h)any fishing dredge, rock lobster pot or longline—

but does not include commercial abalone equipment unless, in a particular case, that equipment is also designed for use, or is capable of being used, for or in connection with the commercial taking of fish other than abalone;

*                *                *                *                *

commercial quantity, in relation to any priority species, means the quantity of fish prescribed in respect of that priority species;

Commonwealth Act means the Fisheries Management Act 1991 of the Commonwealth;

Commonwealth Minister means the Minister for the time being administering the Commonwealth Act and any other Minister exercising powers and performing functions pursuant to section 60 of the Commonwealth Act;

Commonwealth proclaimed waters means the Australian Fishing Zone (AFZ) as defined under the Commonwealth Act;

condition, in relation to a licence or permit, includes any restriction that applies to the licence or permit;

*                *                *                *                *

co-operative means a body registered as a co‑operative—

(a)under the Co‑operatives National Law (Victoria); or

(b)under an equivalent law of another Australian jurisdiction;

corporation means a corporation that—

(a)has a registered office in Australia; and

(b)that holds an Australian Company Number;

Council means the Fisheries Advisory Council established under Part 6;

court means the Magistrates' Court or any other court of competent jurisdiction;

*                *                *                *                *

Department means the Department of Economic Development, Jobs, Transport and Resources;

designated licence condition means a licence or permit condition that the regulations specify as a designated licence condition for the purposes of this Act;

developing fishery means a fishery that is not to be managed by the granting of renewable licences and that the regulations, or a Ministerial direction, define as a developing fishery;

fish receiver licence means a licence issued under section 41;

*                *                *                *                *

*                *                *                *                *

fisheries notice means a fisheries notice made under section 152;

fisheries reserve means a fisheries reserve declared under section 88;

*                *                *                *                *

fishery licence means—

(a)an access licence; or

*                *                *                *                *

(c)an aquaculture licence; or

(d)a recreational fishery licence; or

(e)a fish receiver licence; or

(f)any other category of licence created by the regulations under clause 3.1 of Schedule 3;

fishing bait means any species of fauna declared to be fishing bait under section 6;

foreign boat has the same meaning as in the Commonwealth Act;

Gippsland Lakes means the total area of all waters bounded by a line commencing at the seaward end of the western pier at the entrance wall at the entrance to the Gippsland Lakes, continuing in a generally north-westerly direction to the shoreward end of that pier then following the shoreline along the mean high water mark of such waters in a generally clockwise direction to the shoreward end of the eastern pier at the entrance wall at the entrance to the Gippsland Lakes, then following that wall to its seaward end, then in a generally westerly direction to the commencement of that line, but does not include the waters east of Eastern Beach Road or any river, creek or stream flowing into the Gippsland Lakes (except Chinaman's Creek and Boxes Creek which flow into and form part of Bancroft Bay);

greenlip abalone, in relation to abalone quota management, catch and size limits and closed seasons, means abalone of the species Haliotis laevigata;

individual quota means the number of quota units (including a portion of a quota unit) allocated to an access licence by a quota order, whether as part of a total allowable catch or otherwise;

individual quota unit means a quantity of a species of fish (by number, volume, weight or value) declared under section 64A(1)(b) or 66D(1)(b) to be the individual quota unit for that species;

inland waters means—

(a)any swamp or lake other than the Gippsland Lakes, Lake Tyers, the Lower Lake of Mallacoota Inlet and Wingan Inlet;

(b)any waterway, channel or anabranch from its mouth to its source and any inlet, backwater or lagoon connected with it;

(c)any other lagoon, backwater, anabranch or billabong;

(d)any reservoir, dam, tank, channel or works for water storage or distribution vested in or under the control of the Crown or a public authority;

(e)any other waters declared by the regulations to be inland waters—

but does not include any water or waters which is private property;

*                *                *                *                *

Joint Authority means any Joint Authority established under Part 5 of the Commonwealth Act of which the Minister is a member;

Joint Authority fishery means a fishery in respect of which there is in force an arrangement under Part 2 by which the fishery is under the management of a Joint Authority;

licence means—

(a)a fishery licence; or

(b)any category of licence created by the regulations under clause 3.2 of Schedule 3;

*                *                *                *                *

management plan means a management plan declared under Part 3;

marine waters means Victorian waters other than—

(a)inland waters;

(b)any waters that are private property;

maximum size, in relation to a species of fish, means the maximum size for that species of fish specified by the regulations or in a fisheries notice;

minimum size, in relation to a species of fish, means the minimum size for that species of fish specified by the regulations or in a fisheries notice;

Ministerial direction means a direction given under section 61;

noxious aquatic species means a noxious aquatic species declared under section 75;

open season in relation to a species of fish means any time or period during which the taking of fish of that species is not prohibited under this Act or during which the taking of fish of that species is allowed under this Act;

Order in Council means an Order made by the Governor in Council and published in the Government Gazette;

permit means—

(a)a general permit under section 49;

(b)a protected aquatic biota permit under section 72; or

(c)a noxious aquatic species permit under section 81; or

(d)any other category of permit issued in accordance with the regulations;

police officer has the same meaning as in the Victoria Police Act 2013;

priority species means—

(a)abalone, rock lobster or Murray cod; and

(b)any other species of fish that the regulations state are a priority species;

process means shell, skin, shuck, fillet, dismember, mince, open, cut, break, cook, pack, chill, freeze, can, preserve or otherwise treat;

protected aquatic biota means any taxon or community of aquatic flora or fauna declared to be protected aquatic biota under section 69;

protected waters means—

(a)Victorian waters; and

(b)any aquarium or hatchery or any other waters in Victoria whether or not private property;

public authority means any Government Department or any body corporate or unincorporate established under any Act for a public purpose;

quota fishery means a fishery, or a specified zone or zones of a fishery, that is the subject of a declaration under section 64(1)(a) or 66C(1)(a);

*                *                *                *                *

quota notice means a notice issued under section 65;

quota order means an order issued under section 64, 64A, 66C or 66D;

quota period means any period specified in a quota order as the period over which a total allowable catch or an individual quota is to apply;

*                *                *                *                *

recreational fishery licence means a licence issued under section 45 or a group recreational fishery licence issued under section 46;

recreational fishing equipment means any fishing equipment prescribed in the regulations to be recreational fishing equipment;

*                *                *                *                *

*                *                *                *                *

representative body means an organisation that represents—

(a)commercial fishing interests; or

(b)seafood industry interests; or

(c)aquaculture interests; or

(d)recreational fishing interests;

rock lobster means an animal of the family palinuridae;

Secretary means the Secretary to the Department of Economic Development, Jobs, Transport and Resources;

sell includes—

(a)barter; and

(b)exchange; and

(c)agree or offer to sell; and

(d)receive, have in possession or expose for sale; and

(e)send, forward, deliver or consign for sale; and

(f)sell for resale; and

(g)cause, permit or attempt any of the acts or things referred to in paragraphs (a) to (f);

*                *                *                *                *

stock in relation to fish, includes the releasing, putting or introducing of fish into waters;

take means gain possession or control by any means;

*                *                *                *                *

vessel monitoring system means a navigational measuring system that is suitable for installation on a boat and that is capable of—

(a)determining the location and activities of the boat; and

(b)transmitting data in relation to that location and those activities to the Secretary or the Secretary's delegate via a satellite communication system;

Victorian Fisheries Authority means the Victorian Fisheries Authority established under the Victorian Fisheries Authority Act 2016.

(2)A reference to "this Act", "under this Act" or "by this Act" includes a reference to any regulations, fisheries notice, Order in Council, notice, declaration, licence, permit order, Ministerial direction or other document or instrument made or issued under this Act, unless inconsistent with the context or subject matter.

(3)For the purposes of this Act, any measurements fixed with respect to the taking, possession or sale of any species of fish throughout Victoria or in some part or parts of Victoria are the minimum permissible measurements applicable with respect to the taking, possession or sale of fish of that species, unless the contrary intention appears.

(4)Any fish that is less than the minimum measurement fixed for fish of that species is referred to in this Act as undersized.

(5)In this Act, any reference to "measurement" or "size" or any derivatives thereof is to be read and construed as including reference to "weight".

(6)Subject to any express provision to the contrary, a reference in this Act to the weight of fish is to be read and construed as a reference to the whole weight of the fish, being the weight of the fish before any processing (other than freezing) commences and before any part of the fish is removed.

(7)A reference to "he or she" or to "him or her" is to be read as including a reference to "it", if the context permits.

(7A)A reference to "his or her" is to be read as including a reference to "its", if the context permits.

(8)A reference to an individual quota unit includes a reference to a fraction of an individual quota unit, unless a contrary intention appears.

(9)A person who is exempted under this Act from any provision or requirement under this Act is to be treated as if he or she was authorised under this Act to do, or not do, the thing that he or she is exempted from doing, or not doing.

(10)If an arrangement under Part 2 is varied, a reference in this Act to the arrangement is a reference to the arrangement as varied.

(11)A reference to a fishery that is to be managed in accordance with the law of the State pursuant to an arrangement under Part 2 includes a reference to a part of such a fishery.

(12)A reference in any subordinate instrument made under this Act or in any other document of any kind to a "fish receiver's licence" or a "fish receivers' licence" is to be read and construed as a reference to a "fish receiver licence" or any derivative thereof so far as it applies to any period on or after the commencement of section 50(4) of the Primary Industries Legislation Amendment Act 2009, unless the contrary intention appears.

5Definition of fish

(1)In this Act, fish means—

(a)all species of vertebrate aquatic fauna other than mammals, reptiles, birds and amphibians;

(b)sharks, rays, lampreys and other cartilaginous fish;

(c)oysters and other aquatic molluscs;

(d)aquatic crustaceans;

(e)echinoderms;

(f)any other species of aquatic invertebrate declared to be fish under subsection (2).

(2)The Governor in Council may by Order in Council declare a species of aquatic invertebrate to be fish for the purposes of this Act.

(3)A reference in this Act to fish includes a reference to—

(a)fish in any form whether—

(i)alive or dead;

(ii)raw, cooked, preserved or processed in any manner whatsoever;

(b)fish of either sex;

(c)fish ova;

(d)part of a fish.

(4)A reference in this Act to fish may be made by reference to the species, geographical location, number, weight or other description or classification of the fish.

6Declaration of fishing bait

The Governor in Council may by Order in Council declare a species of fauna which is not protected wildlife within the meaning of section 3(1) of the Wildlife Act 1975 to be fishing bait for the purposes of this Act and whether it is fishing bait when it is alive or dead.

7Definition of fishery

(1)For the purposes of this Act, a fishery means a fishery as defined in this Act or in any Order in Council, regulation, fishery management plan, Ministerial direction or intergovernmental agreement or arrangement.

(2)Without limiting the matters by reference to which a fishery may be defined, a fishery may be defined by reference to any one or more of the following—

(a)a species of fish or fishing bait, whether generally or by reference to a characteristic of such a species or by reference to a particular period of the life of such a species;

(b)an area of land or waters or land and waters;

(c)a method of fishing;

(d)a type of fishing equipment;

(e)a class of boats;

(f)a class of licences or permits;

(g)a class of licence holders or permit holders or other persons;

(h)a type or class of activity;

(i)a type or class of fish habitat;

(j)a season.

7AMeaning of species

(1)A reference to a species by name in this Act includes a reference to all subspecies, forms, races and hybrids of that species, unless a contrary intention appears.

(2)If a species is referred to by the name of a taxon in this Act, a reference to that species includes a reference to all organisms within that taxon, unless a contrary intention appears.

(3)A reference to a subspecies by name in this Act includes a reference to all forms, races and hybrids of that subspecies, unless a contrary intention appears.

(4)A reference to species in this Act in any general context is to be read as including a reference to all relevant taxa, subspecies and other groupings of that species.

(5)For the purposes of this Act, a species may be defined as being constituted by—

(a)any taxonomic group of organisms;

(b)any species, subspecies, hybrid or genetic grouping of organisms;

(c)any other grouping of organisms (for example, by physical or physiological characteristics, size, sex, age, geographical location, form (for example whether domesticated or not), colour, race, variety or by any combination of these factors).

7BExpanded meaning of possession of fish or fishing equipment

Without limiting the meaning of possess, for the purposes of this Act a person possesses a fish or an item of fishing equipment if the fish or item is on any land or premises occupied by him or her, or is under the person's control, unless the person can satisfy the relevant court to the contrary.

8Definition of Victorian waters and waters

(1)This Act applies to Victorian waters and protected waters.

(2)In this Act, reference to Victorian waters or to waters generally is a reference—

(a)to all waters that are within the limits of the State;

(b)except in relation to a fishery that is to be managed in accordance with the law of the Commonwealth pursuant to an arrangement under Part 2 and except for purposes prescribed by paragraph (d), to any waters of the sea not within the limits of the State that are on the landward side of waters adjacent to the State that, within the meaning of that Part, are within the Commonwealth proclaimed waters;

(c)in relation to a fishery that is to be managed in accordance with the law of the State pursuant to an arrangement under Part 2, to any waters to which the legislative powers of the State extend, with respect to that fishery, whether pursuant to section 5 of the Coastal Waters (State Powers) Act 1980 of the Parliament of the Commonwealth or otherwise;

(d)in relation to activities to which this Act applies being activities that are, within the meaning of the Commonwealth Act, carried on for private purposes otherwise than by the use of a foreign boat, to any waters to which the legislative powers of the State extend with respect to those activities.

(3)In this Act, a reference to waters includes a reference to the bed and sub-soil lying beneath those waters.

(4)Regulations or fisheries notices may define the limit of Victorian waters for the purposes of this Act and for defining such limits may specify the boundaries of any waterway, bay, estuary or lake or the mouth of any inland waters.

9Act to bind the Crown

(1)This Act binds the Crown, not only in right of Victoria but also, so far as the legislative power of Parliament permits, the Crown in all its other capacities.

(2)Nothing in this Act makes the Crown in any of its capacities liable to be prosecuted for an offence.

10Crown property

(1)The Crown in right of Victoria owns all wild fish and other fauna and flora found in Victorian waters.

(2)The property in any wild fish and other fauna and flora found in Victorian waters passes—

(a)to the holder of an access licence, a recreational fishery licence, an aquaculture licence or a relevant licence or permit when taken from Victorian waters in accordance with the licence or permit;

(aa)to the holder of the abalone quota unit when taken from Victorian waters in accordance with an Abalone Fishery Access Licence by the holder of the Abalone Fishery Access Licence under an individual abalone quota unit;

(b)to any other person when—

(i)lawfully taken from Victorian waters; and

(ii)where no licence or permit is required under this Act for the purpose.

11Application of this Act

(1)This Act applies to any fish, fishing bait, protected aquatic biota or noxious aquatic species in Victoria, regardless of its origin.

(2)However, a person does not commit any offence under this Act by possessing or controlling any fish, fishing bait or protected aquatic biota that appears to be possessed or controlled, or to have been taken, contrary to this Act if he or she can prove that the fish, fishing bait or protected aquatic biota—

(a)was not taken in Victoria; and

(b)was taken in accordance with the law of the place where the fish, fishing bait or protected aquatic biota was taken.

(3)Subsection (2) does not absolve a person from complying with this Act with respect to any fish, fishing bait or protected aquatic biota that subsection (2) permits him or her to possess.

(4)A person does not commit any offence under this Act by unintentionally taking or possessing a fish or fishing bait (other than a fish or fishing bait of a noxious aquatic species) or protected aquatic biota if—

(a)the fish, fishing bait or protected aquatic biota is not killed or put into any container; and

(b)all reasonable steps are immediately taken to return the fish, fishing bait or protected aquatic biota to its natural habitat with the least possible injury or damage.

11AA   Traditional owner agreement for natural resources

(1)If a traditional owner group entity has an agreement under Part 6 of the Traditional Owner Settlement Act 2010, any provision of this Act that provides for an offence for carrying out an agreed activity (other than a provision specified in subsection (2)) does not apply to a member of the traditional owner group—

(a)who is bound by the agreement; and

(b)who is carrying out an agreed activity to which the offence applies in accordance with the agreement and on land to which the agreement applies.

(2)For the purpose of subsection (1) the following provisions are specified—

(a)section 53;

(b)section 68B;

(c)section 76;

(d)section 84;

(e)section 139.

(3)For the purposes of this section—

(a)a reference in subsection (1) to this Act does not include a reference to the regulations; and

(b)to avoid doubt, subsection (1) does not prevent a provision of the regulations from providing for an offence for carrying out an agreed activity.

11AThis Act applies to fisheries reserves on land

(1)This Act applies to—

(a)any fisheries reserve declared under section 88(1)(b) or 88(1)(c); and

(b)any land on which an aquaculture activity is being conducted.

(2)Subsection (1) does not limit the application of any provision of this Act.

11BExtraterritorial operation of Act

(1)If—

(a)a person does, or omits to do, an act or thing outside, or partly outside, Victoria, which would contravene a provision of this Act; and

(b)there is a real and substantial link between doing, or omitting to do, the act or thing and Victoria—

that provision applies to the act or thing or the omission as if it had been done, or omitted to be done, wholly within Victoria.

(2)Without limiting the generality of subsection (1), there is a real and substantial link with Victoria for the purposes of that subsection if—

(a)the conduct relates to a thing or act done or omitted to be done by the person when carrying out fishing activities under a fishery licence held, or purported to be held, by that person; or

(b)the conduct relates to the taking of fish from Victorian waters by the person.

(3)In this section a reference to a contravention of a provision of this Act is to be read as including a reference to the commission of an associated offence.

11CLicence, approval and quota not personal property

For the purposes of section 8(1)(k) of the Personal Property Securities Act 2009 of the Commonwealth, a licence, approval of transfer or individual quota, granted or allocated under this Act, is declared not to be personal property.

PART 2—COMMONWEALTH AND STATE MANAGEMENT OF FISHERIES

Division 1—Commonwealth–State management

12Powers and functions of Minister and deputy

(1)The Minister may exercise any power and perform any function conferred on the Minister by Part 5 of the Commonwealth Act, including any power or function of the Minister as a member of a Joint Authority.

(2)If in the exercise of the power conferred on the Minister by Part 5 of the Commonwealth Act, the Minister appoints a deputy, the deputy may exercise the powers and perform the functions conferred by that Act on the deputy of a member of a Joint Authority other than the Commonwealth Minister.

13Power to enter into agreements

(1)The Minister may do any thing which in his or her opinion is necessary or convenient to ensure the co-operation of the government of the Commonwealth or the government of any other State in carrying out the purposes of this Act.

(2)Without limiting subsection (1), the Minister may enter into agreements with a Minister of the Crown in right of the Commonwealth or in right of any other State or with Ministers of the Crown in right of the Commonwealth and in right of any other States or with any authority constituted under a law of the Commonwealth or of any other State, including without limiting the generality of this subsection agreements for—

(a)fisheries adjustment schemes and funding of such schemes; and

(b)fisheries research schemes and funding of such schemes.

(3)Despite anything to the contrary in this Act, the Secretary or the Victorian Fisheries Authority—

(a)must perform any duties or functions required to be performed by the Secretary or the Victorian Fisheries Authority; and

(b)may exercise any powers and perform any functions conferred on or delegated to the Secretary or the Victorian Fisheries Authority—

by or under this section or an agreement made under this section.

14Judicial notice and publication of agreement

(1)All courts and persons acting judicially must take judicial notice of the signature of a person who is or has been a member of a Joint Authority or a deputy of a member of a Joint Authority and of the fact that the person is, or was at a particular time, such a member or deputy.

(2)Any agreement entered into by the Minister under this part is to be published in the Government Gazette within 14 days of the agreement being entered into.

15Functions of Joint Authority

A Joint Authority has such functions in relation to a fishery in respect of which an arrangement is in force as are conferred on it by the law in accordance with which, pursuant to the arrangement, the fishery is to be managed.

16Delegation

(1)A Joint Authority may, by instrument in writing, either generally or as otherwise provided by the instrument, delegate to a person any of its powers under this Part other than this power of delegation.

(2)If a power delegated under subsection (1) is exercised by the delegate the power is, for the purposes of this Act, deemed to have been exercised by the Joint Authority.

(3)A delegation under this section may be expressed to be a delegation to the person from time to time holding or performing the duties of a specified office including an office—

(a)in the service of; or

(b)in the service of an Authority of; or

(c)under the law of—

the Commonwealth, another State or a Territory of the Commonwealth.

(4)A delegate of a Joint Authority is, in the exercise of delegated powers, subject to the directions of the Joint Authority.

(5)A delegation of a power under this section—

(a)may be revoked by instrument in writing by the Joint Authority (whether or not constituted by the persons constituting the Joint Authority at the time the power was delegated);

(b)does not prevent the exercise of the power by the Joint Authority;

(c)continues in force notwithstanding any change in the membership of the Joint Authority.

(6)A certificate signed by a member of a Joint Authority stating any matter with respect to a delegation under this section by the Joint Authority is evidence of that matter.

(7)A document purporting to be a certificate referred to in subsection (6) is, in the absence of evidence to the contrary, deemed to be such a certificate and to have been duly given.

(8)Nothing in this Part prevents the delegation by a Joint Authority, in accordance with a law of the Commonwealth, of powers conferred on the Joint Authority by the law of the Commonwealth.

17Procedure of Joint Authorities

(1)Sections 66, 67 and 68 of the Commonwealth Act apply to and in relation to the performance by a Joint Authority of its functions under this Act.

(2)A written record purporting to be a record of a decision of a Joint Authority and to be signed by the Commonwealth Minister, or his or her deputy, who took part in or made the decision is evidence that the decision as recorded was duly made.

(3)In proceedings in any court, an instrument or other document signed on behalf of a Joint Authority by a member of the Joint Authority is taken to have been duly executed by the Joint Authority and, unless the contrary is proved, is taken to be in accordance with a decision of the Joint Authority.

18Report of Joint Authority to be tabled

The Minister must cause a copy of a report of a Joint Authority prepared under section 70 of the Commonwealth Act to be laid before each House of Parliament as soon as practicable after the Minister receives a copy of the report.

19Arrangement for management of certain fisheries

(1)The State may, in accordance with section 74 of the Commonwealth Act, make an arrangement referred to in section 71 or 72 of that Act for the management of a particular fishery.

(1A)An arrangement may be varied as provided for in section 74A of the Commonwealth Act.

(2)An arrangement may be terminated as provided by section 75 of the Commonwealth Act.

(3)After an arrangement has been made but before the arrangement takes effect—

(a)licences, permits and other instruments may be granted, issued, renewed, made or executed; and

(b)regulations and fisheries notices may be made—

for the purpose of providing for the operation of this Act as affected by the arrangement in all respects as if the arrangement had taken effect but such a licence, permit, instrument, regulation or fisheries notice does not have effect before the arrangement takes effect.

(3A)After an arrangement has been varied in accordance with the Commonwealth Act but before the variation takes effect—

(a)licences, permits and other instruments may be granted, issued, renewed, made or executed; and

(b)regulations and fisheries notices may be made—

for the purpose of providing for the operation of this Act as affected by the variation of the arrangement in all respects as if the variation of the arrangement had taken effect.

(3B)A licence, permit, instrument, regulation or fisheries notice under subsection (3A) does not have effect before the variation of the arrangement takes effect.

(3C)On the variation of an arrangement—

(a)each licence, permit and other instrument granted, issued, renewed, made or executed under this Act, that is in force immediately before the commencement of the variation; and

(b)any fisheries notice made under this Act, that is in force immediately before the commencement of the variation—

ceases to have effect, to the extent that it is inconsistent with the arrangement as varied.

(4)On the termination of an arrangement, licences, permits and other instruments granted, issued, renewed, made or executed and regulations and fisheries notices made for the purpose of providing for the operation of this Act as affected by the arrangement cease to have effect.

(5)After notice of termination of an arrangement has been given pursuant to the Commonwealth Act but before the termination takes effect—

(a)licences, permits and other instruments may be granted, issued, renewed, made or executed; and

(b)regulations and fisheries notices may be made—

for the purpose of providing for the operation of this Act as affected by the termination of the arrangement in all respects as if the arrangement had been terminated.

(6)A licence, permit, instrument, regulation or fisheries notice under subsection (5) does not have effect before the termination of the arrangement takes effect.

20Application of Act to fisheries in accordance with arrangements

(1)If there is in force an arrangement that provides that a particular fishery is to be managed in accordance with the law of the State, the provisions of this Act apply to and in relation to the fishery.

(2)The provisions of this Act do not apply to or in relation to that fishery—

(a)in respect of foreign boats, operations on or from foreign boats, or persons on foreign boats, in Commonwealth proclaimed waters; or

(b)in relation to matters that occurred in or in relation to Commonwealth proclaimed waters before the arrangement took effect.

21Functions of Joint Authority

(1)If in respect of a fishery there is in force an arrangement under which a Joint Authority has the management of the fishery and the fishery is to be managed in accordance with the law of the State, the Joint Authority has the functions of—

(a)keeping constantly under consideration the condition of the fishery;

(b)formulating policies and plans for the good management of the fishery;

(c)carrying out management measures in respect of the fishery;

(d)exercising the powers conferred on it by this Act;

(e)co-operating and consulting with other authorities (including other Joint Authorities) in matters of common concern.

(2)A Joint Authority has the following objectives in the performance of its functions under subsection (1)—

(a)ensuring, through proper conservation, preservation and fisheries management measures, that the living resources of the waters to which this Act applies are not endangered or over exploited; and

(b)achieving the optimum utilisation and equitable distribution of those resources.

22Joint Authority to exercise certain powers instead of Minister

(1)Subject to this section, a licence or permit granted, issued, renewed or made under this Act does not authorise the doing of any act or thing in or in relation to a Joint Authority fishery.

(2)In respect of a Joint Authority fishery that is to be managed in accordance with the law of the State, the powers conferred before or after the commencement of this Part on the Minister, the Secretary or the Victorian Fisheries Authority (including powers with respect to the issue, renewal, cancellation and suspension of licences or permits) are exercisable by the Joint Authority to the exclusion of the Minister, the Secretary or the Victorian Fisheries Authority.

(3)A licence or permit granted under this Act by a Joint Authority must contain such conditions that it does not apply in relation to a Joint Authority fishery or Joint Authority fisheries not managed by that Joint Authority.

(4)A Joint Authority may vary a licence or permit under this Act (including such a licence or permit granted, issued or renewed by that Joint Authority or another Joint Authority) so as to extend the operation of the licence or permit to matters to which the powers of the Joint Authority under this Act are applicable.

(5)If such a variation is made—

(a)the variation ceases to have effect if the licence or permit ceases to have effect; and

(b)the Joint Authority may suspend or cancel the variation as if it were a licence or permit granted by the Joint Authority.

(6)Subject to sections 25(1)(b) and (c), on a fishery becoming a Joint Authority fishery, any regulation, fisheries notice, Order in Council, notice, declaration, order, or Ministerial direction that applies to the fishery under this Act ceases to apply to the fishery.

(7)This section does not empower a Joint Authority to grant or to take any other action in respect of a licence in respect of a foreign boat.

23Provisions to apply to Joint Authority fishery

The provisions of this Act relating to offences and enforcement and legal proceedings—

(a)extend and apply in respect of anything done to or in relation to fish to which a Joint Authority fishery relates or otherwise in relation to the Joint Authority fishery;

(b)are to be read and construed—

(i)as if any reference in this Act to a licence or permit were a reference to a licence or permit granted or made by the relevant Joint Authority in relation to the person alleged to have committed the offence or the boat alleged to have been used in the commission of the offence;

(ii)as if any reference in this Act to fish were a reference to fish to which the Joint Authority fishery relates.

24Statement in an arrangement to be sufficient evidence

For the purposes of this Act, a statement in an arrangement to the effect that specified waters—

(a)in the case of an arrangement to which the Commonwealth and the State are the only parties, are waters adjacent to the State; and

(b)in the case of any other arrangement, are waters adjacent to the States that are parties to the arrangement or are waters adjacent to a specified State or States—

is sufficient evidence of the facts stated.

25Regulations and notices

(1)If a Joint Authority is to manage a fishery in accordance with the law of the State, the Governor in Council may, for the purpose of giving effect to a decision of the Joint Authority—

(a)make regulations for the management of the fishery;

(b)make a regulation applying to the fishery a regulation made otherwise than pursuant to this section;

(c)amend a regulation made otherwise than pursuant to this section so that it is expressed to apply to the fishery, whether or not it applies to any other fishery.

(2)The Minister may by a fisheries notice provide for any matter referred to in section 152 for the purpose of giving effect to a decision of the Joint Authority.

(3)The power conferred on the Governor in Council to make regulations otherwise than under subsection (1) does not extend to the making of a regulation of a kind referred to in subsection (1)(a) or (1)(b) or the amendment of a regulation in the manner referred to in subsection (1)(c).

(4)If a regulation or fisheries notice affecting a fishery that is to be managed by a Joint Authority is expressed to be made pursuant to this section, it is conclusively presumed that it was made for the purpose of giving effect to a decision of the Joint Authority.

Division 2—State–State management

26Power to enter into agreements

(1)The Minister may do any thing which in his or her opinion is necessary or convenient to ensure the co-operation of the government of any other State in carrying out the purposes of this Act.

(2)Without limiting subsection (1), the Minister may enter into agreements with a Minister of the Crown in right of any other State or other States or with any authority constituted under a law of any other State, including without limiting the generality of this subsection agreements for—

(a)fisheries adjustment schemes and funding of such schemes; and

(b)fisheries research schemes and funding of such schemes.

(3)Despite anything to the contrary in this Act, the Secretary or the Victorian Fisheries Authority—

(a)must perform any duties or functions required to be performed by the Secretary or the Victorian Fisheries Authority; and

(b)may exercise any powers and perform any functions conferred on or delegated to the Secretary or the Victorian Fisheries Authority—

by or under this section or an agreement made under this section.

27Powers and functions

(1)For the purposes of this Division, the Minister may exercise any power and perform any function conferred on the Minister under Division 1 of this Part as if the Commonwealth Act applied under this Division.

(2)Sections 14 to 25 of this Act apply in respect of arrangements under this Division with such modifications as are necessary.

PART 3—MANAGEMENT PLANS

28Management plans

(1)The Minister may declare a management plan by notice published in the Government Gazette.

(2)The Minister may prepare and issue guidelines for or with respect to the preparation of management plans by notice published in the Government Gazette.

(3)A management plan must be prepared in respect of each fishery for which the Minister declares by notice published in the Government Gazette that a fishery management plan is to be prepared.

(4)A management plan may be prepared for any noxious aquatic species declared under section 75.

(5)A management plan must be prepared in respect of a fisheries reserve as soon as possible after the fisheries reserve is declared under section 88.

(6)A management plan must—

(a)be consistent with the objectives of this Act;

(aa)be consistent with any guidelines issued under subsection (2);

(b)include the management objectives of the plan;

(c)specify the management tools and other measures to be used to achieve the management objectives;

(d)include guidelines for the criteria to be used in respect of the issue of licences and permits and in respect of the renewal, variation or transfer of licences;

(e)as far as is known, identify critical components of the ecosystem relevant to the plan and current or potential threats to those components and existing or proposed preventative measures;

(f)specify performance indicators, targets and monitoring methods;

(g)as far as relevant and practicable, identify in respect of the fishery, declared noxious aquatic species or fisheries reserve, the biological, ecological, social and economic factors relevant to its management including—

(i)its current status, human uses and economic value;

(ii)measures to minimise its impact on non-target species and the environment;

(iii)research needs and priorities;

(iv)the resources required to implement the plan.

(7)A management plan may—

(a)specify the manner in which fishing capacity is to be measured and the fishing capacity so measured;

(b)specify the duration of the management plan;

(c)specify the procedures or conditions for review of the plan;

(ca)specify that licences of a class of access licence may be issued for a period of up to 5 years;

(cb)specify a fish harvest strategy, including actions to be taken if fish stocks fall below specified levels;

(d)include any other relevant matters.

(8)Guidelines included in a management plan under subsection (6)(d) may include criteria designed to reduce the number of licences or permits that are held in respect of a fishery.

29Contents of fishery management plan

(1)The purpose of a fishery management plan is to specify policies and strategies for the management of the fishery to which the plan applies on an ecologically sustainable basis having regard to relevant commercial, recreational, traditional and non-consumptive uses.

(2)A fishery management plan must—

(a)comply with section 28(6);

(b)define the fishery to which it relates;

(c)specify the objectives, state, status or use of the fishery.

(3)A fishery management plan may include the matters specified in section 28(7).

30Contents of fisheries reserve management plan

(1)A fisheries reserve management plan must—

(a)comply with section 28(6);

(b)be consistent with the Order in Council declaring the fisheries reserve.

(2)A fisheries reserve management plan may in addition to the matters specified in section 28(7)—

(a)specify guidelines regulating or restricting activities in the fisheries reserve;

(b)specify standard terms and conditions subject to which permits may be issued in respect of activities in the fisheries reserve.

31Contents of declared noxious aquatic species management plan

A declared noxious aquatic species management plan must—

(a)comply with section 28(6);

(b)include a description of the species and its distinguishing characteristics and habitat requirements;

(c)identify the effects or likely effects of the species on Victorian fisheries.

32Submissions on management plan

(1)Before the Minister declares a management plan, the Minister must—

*                *                *                *                *

(b)publish a notice of intention to declare a management plan in a newspaper circulating generally in Victoria at least 60 days before the declaration is made.

(2)The notice of intention must specify—

(c)include the information required by the notice under clause 6.

8Determination of successful elections

(1)After the closing date specified in the notice under clause 6 for making an election and subject to subclause (2), the Victorian Fisheries Authority must determine that each of the elections to surrender a licence made in accordance with clause 7 is successful.

(2)The Victorian Fisheries Authority must not determine that an election by a licence holder to surrender their licence is successful if—

(a)the election to surrender was not made in accordance with clause 7; or

(b)the Victorian Fisheries Authority has determined that an election by the licence holder to retain their licence on and after 1 April 2022 is successful; or

(c)an election by the licence holder to retain their licence on and after 1 April 2022 remains undetermined.

9Notification of successful election

After determining which of the elections made by licence holders to surrender their licence are successful, the Victorian Fisheries Authority must notify in writing—

(a)each of the licence holders who made a successful election stating—

(i)that the election made by the licence holder to surrender their licence is successful; and

(ii)the effective date of the cancellation of the licence; and

(iii)the amount of compensation to which the licence holder is entitled; and

(b)each of the licence holders who made an unsuccessful election stating that the election made by the licence holder to surrender their licence is unsuccessful.

Part 3—Calculation of compensation

10Calculation of compensation

(1)The amount of compensation payable to a licence holder whose licence is cancelled under section 153H is determined in accordance with Table 1 where—

Tis the annual average catch value of the catch taken under the licence held by the licence holder over the survey period (whether or not the licence holder held the licence for the whole of that period).

Table 1

Column 1

Period in which licence cancelled

Column 2

Formula for determining compensation

Initial election period

An amount (A)
= $385 000 + (3×T)

Election period commencing 1 April 2016

An amount (B)
= A × 9/10

Election period commencing 1 April 2017

An amount (C)
= B × 9/10

Election period commencing 1 April 2018

An amount (D)
= C × 9/10

Election period commencing 1 April 2019

An amount (E)
= D × 9/10

Election period commencing 1 April 2020

An amount (F)
= E × 9/10

After 1 April 2021

An amount (G)
= F × 9/10

(2)For the purposes of subclause (1), the annual average catch value taken under a licence over the survey period (T) is determined as follows—

(a)for each species specified in column 1 of Table 2—

(i)the total catch, in kilograms, of that species is determined based on the catch history of the licence over the survey period indicated in the records held by the Secretary or the Victorian Fisheries Authority; and

(ii)the total catch is multiplied by the value per kilogram specified opposite in column 2 of Table 2 to determine the total catch value of the species over the survey period; and

(iii)the total catch value of the species over the survey period is divided by 5 to determine the annual average catch value of the species; and

(b)the annual average catch values of each of the species, as determined under paragraph (a) are added together.

Table 2

Column 1

Species

Column 2

Value (per kg)

All Other

$4.14

Anchovy, Southern

$2.47

Australian salmon

$0.69

Bream, Black

$11.00

Calamary, Southern

$12.89

Flathead, Rock

$6.65

Flathead, Sand

$4.33

Flathead, Yank

$4.00

Flounder, Unspecified

$9.00

Garfish, Southern sea

$7.36

Leatherjacket

$3.40

Morwong, Dusky

$4.00

Morwong, Jackass

$4.00

Mullet, Yellow-Eye

$1.96

Pike, Unspecified

$4.51

Ruff

$4.00

Sardine, Australian

$3.00

Shark, Gummy

$11.00

Skate

$4.00

Snapper

$9.40

Sprat, Sandy

$2.00

Trevally

$3.64

Whiting, King George

$22.00

Yellowtail

$2.00

(3)In this clause—

records held by the Secretary or the Victorian Fisheries Authority means the records of catch history as recorded in the Integrated Catch and Effort System maintained by the Department of Economic Development, Jobs, Transport and Resources on behalf of the Secretary and the Victorian Fisheries Authority;

survey period means the 5 year period from 1 April 2009 to 31 March 2014.

SCHEDULE 5—CANCELLATION OF GIPPSLAND LAKES FISHERY ACCESS LICENCES

Sections 153N, 153O, 153R and 153S

Part 1—Definitions

1Definitions in this Schedule

In this Schedule—

licence means a Gippsland Lakes Fishery Access Licence as defined in section 153M;

licence holder means the holder of a Gippsland Lakes Fishery Access Licence;

records held by the Victorian Fisheries Authority means the records of catch history as recorded in the Integrated Catch and Effort System maintained by the Victorian Fisheries Authority;

survey period means the 5-year period from 1 April 2012 to 31 March 2017 inclusive.

Part 2—Election to surrender licence

2Notice that licence holder may elect to surrender licence

(1)On or after the commencement of Division 6 of Part 8, the Minister must give notice in accordance with this clause to each holder of a Gippsland Lakes Fishery Access Licence that the licence holder may elect to surrender their licence.

(2)The notice must be—

(a)published in the Government Gazette; and

(b)sent by letter to each licence holder.

(3)The notice must state the following—

(a)that each licence holder may elect to surrender their licence;

(b)the opening and closing date for the making of the election;

(c)that the election must be made in writing addressed to the Victorian Fisheries Authority and signed by the licence holder;

(d)the address to which the election must be sent, which may include an email address;

(e)the information that must be included in the election, which must include the name of the licence holder and the licence number;

(f)that a successful election will result in the licence being cancelled on 1 April 2020;

(g)that on and after the surrender of the licence, the licence may not be transferred to another person;

(h)that if the licence holder does not elect to surrender their licence before the closing date, the licence will be cancelled on 1 April 2021;

(i)that compensation for the cancellation of the licence will be calculated in accordance with Part 3.

(4)In addition, the notice sent to each licence holder must state the amount of compensation payable to the licence holder—

(a)if the licence is successfully surrendered under this Part; or

(b)if the licence is not successfully surrendered under this Part.

3Election to surrender licence

An election by a licence holder to surrender their licence must—

(a)be made in writing to the Victorian Fisheries Authority and received by the Victorian Fisheries Authority within the period stated in the notice under clause 2; and

(b)be signed by the licence holder; and

(c)include the information required by the notice under clause 2.

4Determination of successful elections

After the closing date specified in the notice under clause 2 for making an election, the Victorian Fisheries Authority must determine that each of the elections to surrender a licence made in accordance with clause 3 is successful.

5Notification of successful election

Within 28 days after receiving a successful election to surrender a licence from a licence holder, the Victorian Fisheries Authority must notify the licence holder in writing—

(a)that the election made by the licence holder to surrender their licence is successful; and

(b)that the licence will be cancelled on 1 April 2020; and

(c)the amount of compensation to which the licence holder is entitled.

6Notification of unsuccessful election

Within 28 days after receiving an unsuccessful election to surrender a licence, the Victorian Fisheries Authority must notify the licence holder in writing stating—

(a)that the election made by the licence holder to surrender their licence has been unsuccessful; and

(b)the reasons why the election was unsuccessful; and

(c)that the licence holder may submit a further election to surrender their licence in accordance with clause 3; and

(d)that, despite paragraph (c), the further election must be made before the date specified in the notice under this clause (which must not be less than 14 days after receipt of the notice by the licence holder) or the closing date specified in the notice under clause 2, whichever is the later.

Part 3—Calculation of compensation

7Calculation of compensation

(1)The amount of compensation payable to a licence holder whose licence is cancelled under section 153O or 153P is determined in accordance with Table 1 where—

Tis the annual average catch value of the catch taken under the licence held by the licence holder over the survey period (whether or not the licence holder held the licence for the whole of that period).

Table 1

Column 1

Date on which licence cancelled

Column 2

Formula for determining compensation

1 April 2020

The amount (A)

= $371 000 +

$60 000 + (3 × T)

1 April 2021

The amount (B) =

A × 8/10

(2)For the purposes of subclause (1), the annual average catch value taken under a licence over the survey period (T) is determined as follows—

(a)for each species of fish specified in column 1 of Table 2—

(i)the total catch, in kilograms, of the species is determined based on the catch history of the licence over the survey period indicated in the records held by the Victorian Fisheries Authority; and

(ii)the total catch is multiplied by the value per kilogram specified opposite in column 2 of Table 2 to determine the total catch value of the species over the survey period; and

(iii)the total catch value of the species over the survey period is divided by 5 to determine the annual average catch value of the species;

(b)the annual average catch values of each of the species, as determined under paragraph (a), are added together.

Table 2

Column 1

Species of fish

Column 2

Value (per kg)

Anchovy, Australian (whitebait)

$5.51

Australian bass

$4.26

Australian herring

$4.32

Australian salmon

$1.34

Australian Sardine (Pilchard)

$4.20

Barracouta

$0.73

Bream, black

$9.87

Calamari, Southern (squid)

$15.04

Carp, European

$4.26

Cod, Southern Rock

$4.26

Cod, Unspecified

$4.26

Crab, Blue Swimmer

$10.13

Crab, European Shore

$4.26

Crab, Other Unspecified

$2.82

Crab, sand

$4.26

Crab, Spider

$2.53

Dory, Silver

$2.72

Eel, longfin

$4.33

Eel, Unspecified

$4.26

Flathead, dusky

$7.93

Flathead, southern sand

$3.16

Flathead, Unspecified

$6.27

Flounder, greenback

$4.26

Flounder, Unspecified

$7.21

Garfish, river

$6.65

Garfish, Southern (Sea)

$3.58

Gudgeons

$4.26

Gurnard perch, Common

$4.26

Gurnard, Butterfly

$4.26

Gurnard, Unspecified

$4.26

Kingfish, Yellowtail

$7.57

Latchet

$1.64

Leatherjacket

$1.45

Ling, Rock

$4.26

Luderick

$2.11

Mackerel, Blue

$3.41

Mackerel, jack

$1.24

Mackerel, Unspecified

$4.26

Morwong, dusky

$4.26

Mud crab (unspecified)

$2.82

Mullet, sand

$1.69

Mullet, sea

$2.73

Mullet, yelloweye

$6.95

Mulloway

$6.21

Mussel, blue

$2.31

Octopus

$9.72

Perch, estuary

$4.26

Perch, Unspecified

$4.26

Pike, Unspecified

$4.26

Prawn, Eastern King

$18.70

Prawn, Eastern School

$10.03

Prawn, Other (Unspecified)

$3.81

Ray, Southern Eagle

$2.17

Rays

$1.32

Sandworms

$4.26

Sea Carp, Southern

$4.26

Shark, angel

$2.23

Shark, Elephant

$4.26

Shark, gummy

$6.29

Shark, Other (Unspecified)

$4.26

Shark, Thresher

$1.29

Shellbait

$4.26

Shrimp bait

$4.26

Shrimp, Ghost

$4.26

Skates and Rays, Other

$1.32

Snapper

$7.87

Snook

$6.41

Sole, Unspecified

$4.26

Sprat (Unspecified)

$4.26

Sprat, Blue

$4.26

Squid, Goulds

$2.93

Tailor

$6.30

Trevalla, Spotted

$2.30

Trevally, silver

$5.05

Trout, brown

$4.26

Trout, rainbow

$5.00

Tuna, Unspecified

$4.26

Warehou, blue

$4.26

Whiting, blue weed

$12.21

Whiting, King George

$17.18

Whiting, Sand

$12.21

Whiting, school

$3.32

Whiting, Unspecified

$4.26

Wrasse, blue throat

$8.52

Wrasse, Unspecified

$4.26

All other species

$4.26

═══════════════

ENDNOTES

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 12 October 1995

Legislative Council: 15 November 1995

The long title for the Bill for this Act was "A Bill to reform the law relating to Victorian fisheries, to repeal the Fisheries Act 1968 and to make consequential amendments to certain other Acts and for other purposes.".

Constitution Act 1975:

Section 85(5) statement:

Legislative Assembly: 12 October 1995

Legislative Council: 15 November 1995

Absolute majorities:

Legislative Assembly: 2 November 1995

Legislative Council: 21 November 1995 and 22 November 1995

The Fisheries Act 1995 was assented to on 5 December 1995 and came into operation as follows:

Sections 1–9, 11, 69–73, 88, 89, 95, 160(3)(a)(b)(10)(b), 163 on 25 January 1996: Government Gazette 25 January 1996 page 148; section 160(10)(a) on 1 April 1996: Special Gazette (No. 31) 1 April 1996 page 1; sections 90–94, 160(1)(2)(3)(c)(4)–(9)(11), Schedule 1 on 1 August 1996: Government Gazette 1 August 1996 page 1954; sections 144(2), 153A, 153B on 31 March 1997: Government Gazette 27 March 1997 page 665; sections 155(4), 162 on 18 December 1997: Government Gazette 18 December 1997 page 3613; sections 10, 12–68A, 75, 76, 81–87, 101–137, 139, 140, 142–144(1),

145–153, 154, 155(1)–(3)(5)–(13), 155A–159, 161, Schedules 2, 3 on 1 April 1998: Government Gazette 26 February 1998 page 418.

Section 74 was never proclaimed, repealed by No. 5/1997 s. 11.

Sections 77–80 were never proclaimed, repealed by No. 5/1997 s. 12.

Sections 96–100 were never proclaimed, repealed by No. 5/1997 s. 17.

Section 138 was never proclaimed, repealed by No. 5/1997 s. 34.

Section 141 was never proclaimed, repealed by No. 5/1997 s. 36.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms.  See section 36(1A)(2A).

•     Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act.  See section 36(3A).

•     Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act.  Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  See section 36(3B).

•     Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001.  Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. 
See section 36(3)(3D)(3E).

2   Table of Amendments

This publication incorporates amendments made to the Fisheries Act 1995 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Fisheries (Amendment) Act 1996, No. 67/1996

Assent Date:	17.12.96
Commencement Date:	Ss 1, 2 on 17.12.96: s. 2(1); ss 3–5 on 31.3.97: Government Gazette 27.3.97 p. 665
CurrentState:	All of Act in operation

Fisheries (Further Amendment) Act 1997, No. 5/1997 (as amended by No. 74/2000)

Assent Date:	22.4.97
Commencement Date:	22.4.97: s. 2
CurrentState:	All of Act in operation

Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998

Assent Date:	26.5.98
Commencement Date:	S. 7(Sch. 1) on 1.7.98: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Fisheries Act 1995

Conservation, Forests and Lands (Miscellaneous Amendments) Act 1998, No. 76/1998

Assent Date:	10.11.98
Commencement Date:	S. 8 on 15.12.98: s. 2(5)
CurrentState:	This information relates only to the provision/s amending the Fisheries Act 1995

Statute Law Revision Act 2000, No. 74/2000

Assent Date:	21.11.00
Commencement Date:	S. 3(Sch. 1 item 49) on 22.11.00: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Fisheries Act 1995

Fisheries (Amendment) Act 2000, No. 80/2000

Assent Date:	28.11.00
Commencement Date:	Ss 3–8, 10–21 on 29.11.00: s. 2(1); s. 9 on 1.3.01: Government Gazette 8.2.01 p. 168; s. 22 on 1.4.03: s. 2(4)
CurrentState:	This information relates only to the provision/s amending the Fisheries Act 1995

Corporations (Consequential Amendments) Act 2001, No. 44/2001

Assent Date:	27.6.01
Commencement Date:	S. 3(Sch. item 46) on 15.7.01: s. 2
CurrentState:	This information relates only to the provision/s amending the Fisheries Act 1995

Fisheries (Further Amendment) Act 2002, No. 17/2002

Assent Date:	21.5.02
Commencement Date:	Ss 5–31 on 22.5.02: s. 2(1); ss 3, 4 on 1.7.03: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Fisheries Act 1995

National Parks (Marine National Parks and Marine Sanctuaries) Act 2002, No. 40/2002

Assent Date:	18.6.02
Commencement Date:	Ss 25–27 on 16.11.02: s. 2
CurrentState:	This information relates only to the provision/s amending the Fisheries Act 1995

Seafood Safety Act 2003, No. 24/2003

Assent Date:	13.5.03
Commencement Date:	S. 93 on 1.7.03: Government Gazette 26.6.03 p. 1548
CurrentState:	This information relates only to the provision/s amending the Fisheries Act 1995

Fisheries (Amendment) Act 2003, No. 56/2003

Assent Date:	16.6.03
Commencement Date:	Ss 3, 4 on 17.6.03: s. 2
CurrentState:	This information relates only to the provision/s amending the Fisheries Act 1995

Forests and National Parks Acts (Amendment) Act 2003, No. 97/2003

Assent Date:	2.12.03
Commencement Date:	S. 11 on 3.12.03: s. 2
CurrentState:	This information relates only to the provision/s amending the Fisheries Act 1995

Fisheries (Further Amendment) Act 2003, No. 108/2003 (as amended by No. 22/2004)

Assent Date:	9.12.03
Commencement Date:	Ss 3, 4, 6, 7, 9–21, 23–28, 29(1)(2), 32–43, 45, 47–50 on 10.12.03: s. 2(1); s. 44 on 1.4.04: s. 2(4); ss 31, 46 on 1.4.04: s. 2(5); s. 5 on 8.4.04: Government Gazette 8.4.04 p. 789; ss 29(3), 30 on 31.12.04: s. 2(6)
CurrentState:	This information relates only to the provision/s amending the Fisheries Act 1995

Crimes (Controlled Operations) Act 2004, No. 16/2004 (as amended by Nos 69/2004, 87/2005)

Assent Date:	18.5.04
Commencement Date:	Ss 48, 49 on 2.11.08: Government Gazette 30.10.08 p. 2530
CurrentState:	This information relates only to the provision/s amending the Fisheries Act 1995

Primary Industries Legislation (Miscellaneous Amendments) Act 2004, No. 22/2004

Assent Date:	18.5.04
Commencement Date:	Ss 6–8 on 19.5.04: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Fisheries Act 1995

Primary Industries Legislation (Further Miscellaneous Amendments) Act 2004, No. 69/2004

Assent Date:	19.10.04
Commencement Date:	Ss 3–13, 15–17, 20, 21 on 20.10.04: s. 2(1); ss 14, 18, 19 on 1.7.06: s. 2(5)
CurrentState:	This information relates only to the provision/s amending the Fisheries Act 1995

Public Administration Act 2004, No. 108/2004

Assent Date:	21.12.04
Commencement Date:	S. 117(1)(Sch. 3 item 79) on 5.4.05: Government Gazette 31.3.05 p. 602
CurrentState:	This information relates only to the provision/s amending the Fisheries Act 1995

Legal Profession (Consequential Amendments) Act 2005, No. 18/2005

Assent Date:	24.5.05
Commencement Date:	S. 18(Sch. 1 item 44) on 12.12.05: Government Gazette 1.12.05 p. 2781
CurrentState:	This information relates only to the provision/s amending the Fisheries Act 1995

Primary Industries Acts (Amendment) Act 2005, No. 50/2005

Assent Date:	24.8.05
Commencement Date:	Ss 13–15 on 25.8.05: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Fisheries Act 1995

Fisheries (Abalone) Act 2005, No. 58/2005

Assent Date:	20.9.05
Commencement Date:	S. 11 on 20.9.05: s. 2(1); ss 3–10, 12, 13 on 1.4.06: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Fisheries Act 1995

National Parks (Otways and Other Amendments) Act 2005, No. 60/2005

Assent Date:	20.9.05
Commencement Date:	Ss 29–31 on 21.9.05: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Fisheries Act 1995

Primary Industries Acts (Miscellaneous Amendments) Act 2006, No. 34/2006

Assent Date:	13.6.06
Commencement Date:	Ss 3–5 on 14.6.06: s. 2
CurrentState:	This information relates only to the provision/s amending the Fisheries Act 1995

Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006, No. 80/2006

Assent Date:	10.10.06
Commencement Date:	S. 26(Sch. item 40) on 11.10.06: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Fisheries Act 1995

Fisheries Amendment Act 2007, No. 51/2007

Assent Date:	17.10.07
Commencement Date:	Ss 3(1), 4–6, 9(1), 10–13 on 18.10.07: s. 2(1); ss 3(2), 7, 8, 9(2) on 2.3.09: Government Gazette 5.2.09 p. 200
CurrentState:	This information relates only to the provision/s amending the Fisheries Act 1995

Primary Industries Legislation Amendment Act 2009, No. 35/2009 (as amended by No. 36/2009)

Assent Date:	30.6.09
Commencement Date:	Ss 27–75 on 1.7.09: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Fisheries Act 1995

Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009

Assent Date:	24.11.09
Commencement Date:	S. 97(Sch. item 58) on 1.1.10: Government Gazette 10.12.09 p. 3215
CurrentState:	This information relates only to the provision/s amending the Fisheries Act 1995

Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009

Assent Date:	24.11.09
Commencement Date:	S. 54(Sch. Pt 2 item 22) on 1.1.10: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Fisheries Act 1995

Crimes Legislation Amendment Act 2010, No. 7/2010

Assent Date:	16.3.10
Commencement Date:	Ss 11–13 on 17.3.10: s. 2
CurrentState:	This information relates only to the provision/s amending the Fisheries Act 1995

Marine Safety Act 2010, No. 65/2010

Assent Date:	28.9.10
Commencement Date:	S. 420(Sch. 3 item 7) on 1.7.12: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Fisheries Act 1995

Personal Property Securities (Statute Law Revision and Implementation)
Act 2010, No. 74/2010

Assent Date:	19.10.10
Commencement Date:	S. 24 on 30.1.12: Special Gazette (No. 423) 21.12.11 p. 3
CurrentState:	This information relates only to the provision/s amending the Fisheries Act 1995

Fisheries Amendment Act 2011, No. 21/2011

Assent Date:	7.6.11
Commencement Date:	1.8.11: Special Gazette (No. 237) 19.7.11 p. 1
CurrentState:	All of Act in operation

Statute Law Revision Act 2011, No. 29/2011

Assent Date:	21.6.11
Commencement Date:	S. 3(Sch. 1 item 39) on 22.6.11: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Fisheries Act 1995

Water Amendment (Governance and Other Reforms) Act 2012, No. 17/2012

Assent Date:	3.4.12
Commencement Date:	S. 86 on 1.7.12: Special Gazette (No. 172) 29.5.12 p. 1
CurrentState:	This information relates only to the provision/s amending the Fisheries Act 1995

Integrity and Accountability Legislation Amendment Act 2012, No. 82/2012

Assent Date:	18.12.12
Commencement Date:	Ss 100–105 on 10.2.13: Special Gazette (No. 32) 6.2.13 p. 2
CurrentState:	This information relates only to the provision/s amending the Fisheries Act 1995

Co-operatives National Law Application Act 2013, No. 9/2013

Assent Date:	13.3.13
Commencement Date:	S. 42(Sch. 2 item 9) on 3.3.14: Special Gazette (No. 46) 18.2.14 p. 1
CurrentState:	This information relates only to the provision/s amending the Fisheries Act 1995

Fisheries Amendment Act 2013, No. 64/2013

Assent Date:	6.11.13
Commencement Date:	Ss 3(1)(2), 5–7, 9, 11 on 7.11.13: s. 2(1); ss 3(3), 4, 8, 10 on 1.3.14: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Fisheries Act 1995

Statute Law Revision Act 2013, No. 70/2013

Assent Date:	19.11.13
Commencement Date:	S. 4(Sch. 2 item 18) on 1.12.13: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Fisheries Act 1995

Legal Profession Uniform Law Application Act 2014, No. 17/2014

Assent Date:	25.3.14
Commencement Date:	S. 160(Sch. 2 item 44) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1
CurrentState:	This information relates only to the provision/s amending the Fisheries Act 1995

Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014

Assent Date:	3.6.14
Commencement Date:	S. 10(Sch. item 65) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2
CurrentState:	This information relates only to the provision/s amending the Fisheries Act 1995

Privacy and Data Protection Act 2014, No. 60/2014

Assent Date:	2.9.14
Commencement Date:	S. 140(Sch. 3 item 18) on 17.9.14: Special Gazette (No. 317) 16.9.14 p. 1
CurrentState:	This information relates only to the provision/s amending the Fisheries Act 1995

Courts Legislation Miscellaneous Amendments Act 2014, No. 62/2014

Assent Date:	9.9.14
Commencement Date:	S. 14 on 10.11.14: Special Gazette (No. 364) 14.10.14 p. 1
CurrentState:	This information relates only to the provision/s amending the Fisheries Act 1995

Fisheries Amendment Act 2015, No. 64/2015

Assent Date:	1.12.15
Commencement Date:	Ss 3–6 on 16.12.15: Special Gazette (No. 403) 15.12.15 p.1
Current State:	This information relates only to the provision/s amending the Fisheries Act 1995

Justice Legislation Further Amendment Act 2016, No. 3/2016

Assent Date:	16.2.16
Commencement Date:	S. 92 on 1.5.16: Special Gazette (No. 114) 26.4.16 p. 1
Current State:	This information relates only to the provision/s amending the Fisheries Act 1995

Traditional Owner Settlement Amendment Act 2016, No. 67/2016

Assent Date:	15.11.16
Commencement Date:	S. 29 on 1.5.17: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Fisheries Act 1995

Victorian Fisheries Authority Act 2016, No. 68/2016

Assent Date:	15.11.16
Commencement Date:	Ss 49–158, 175 on 1.7.17: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Fisheries Act 1995

Justice Legislation Amendment (Court Security, Juries and Other Matters) Act 2017, No. 38/2017

Assent Date:	29.8.17
Commencement Date:	S. 61 on 30.8.17: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Fisheries Act 1995

Oaths and Affirmations Act 2018, No. 6/2018

Assent Date:	27.2.18
Commencement Date:	S. 68(Sch. 2 item 56) on 1.3.19: s. 2(2)
Current State:	This information relates only to the provision/s amending the Fisheries Act 1995

Flora and Fauna Guarantee Amendment Act 2019, No. 28/2019

Assent Date:	10.9.19
Commencement Date:	S. 49 on 1.6.20: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Fisheries Act 1995

Marine and Fisheries Legislation Amendment Act 2019, No. 35/2019

Assent Date:	22.10.19
Commencement Date:	Ss 3–8 on 23.10.19: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Fisheries Act 1995

Primary Industries Legislation Amendment Act 2019, No. 40/2019

Assent Date:	6.11.19
Commencement Date:	Ss 11(2), 12–30, 34–37, 39 on 17.12.19: Special Gazette (No. 537) 17.12.19 p. 3; ss 10, 11(1)(3), 31−33, 38 on 1.2.20: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Fisheries Act 1995

Local Government Act 2020, No. 9/2020

Assent Date:	24.3.20
Commencement Date:	S. 390(Sch. 1 item 42) on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1
CurrentState:	This information relates only to the provision/s amending the Fisheries Act 1995

Transport Legislation Miscellaneous Amendments Act 2021, No. 30/2021

Assent Date:	10.8.21
Commencement Date:	Ss 87, 88 on 3.11.21: Special Gazette (No. 578) 19.10.21 p. 1
CurrentState:	This information relates only to the provision/s amending the Fisheries Act 1995

Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022, No. 1/2022

Assent Date:	15.2.22
Commencement Date:	S. 93 on 29.3.22: Special Gazette (No. 157) 29.3.22 p. 1
CurrentState:	This information relates only to the provision/s amending the Fisheries Act 1995

Statute Law Amendment (References to the Sovereign) Act 2023, No. 25/2023

Assent Date:	5.9.23
Commencement Date:	S. 7(Sch. 1 item 13) on 6.9.23: s. 2
CurrentState:	This information relates only to the provision/s amending the Fisheries Act 1995

Bail Amendment Act 2023, No. 28/2023

Assent Date:	24.10.23
Commencement Date:	Ss 69, 118 on 25.3.24: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Fisheries Act 1995

Justice Legislation Amendment (Integrity, Defamation and Other Matters) Act 2024, No. 31/2024

Assent Date:	10.9.24
Commencement Date:	S. 113(Sch. 1 item 13) on 10.2.25: Special Gazette (No. 648) 26.11.24 p. 1
CurrentState:	This information relates only to the provision/s amending the Fisheries Act 1995

Bail Amendment Act 2025, No. 8/2025

Assent Date:	25.3.25
Commencement Date:	S. 16 on 26.3.25: Special Gazette (No. 138) 25.3.25 p. 1
CurrentState:	This information relates only to the provision/s amending the Fisheries Act 1995

Statute Law Revision Act 2025, No. 41/2025

Assent Date:	21.10.25
Commencement Date:	S. 3(Sch. 1 item 19) on 22.10.25: s. 2
CurrentState:	This information relates only to the provision/s amending the Fisheries Act 1995

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3   Explanatory details

No entries at date of publication.