Fisheries (Commercial and Aquaculture) Regulations 2000 (Vic)
Fisheries (Commercial and Aquaculture)
Regulations 2000
S.R. No. 107/2000
TABLE OF PROVISIONS
Regulation Page
1. Objective 1 2. Authorising provision 1 3. Principal Regulations 1 4. Closure of Andersons Inlet Fishery and Shallow Inlet Fishery 2 5. New class of aquaculture licence 2 6. Amendment to entitlements of Aquaculture (Crown Land) Licence 2 7. Insertion of regulation 231A 2
231A. Entitlements of Aquaculture (Crown Land) Type A
Licence 2 8. Administrative matters relating to the new class of aquaculture
licence 3 9. Removal of ability of certain licences to be held by a body
corporate and removal of restriction on personally carrying out
fishing activities 3 10.
Amendments to conditions of Ocean Fishery Access Licences 3 11. Amendments to conditions of Rock Lobster Fishery Access
Licence 4 12. Amendments to conditions of Western Port/Port Phillip Bay
Fishery Access Licence 4 13.
Conditions of an Aquaculture (Crown Land) Type A Licence 5 14. Exemption from Aquaculture (Crown Land) Licence application
fee 5 15.
Insertion of regulations 617A and 617B 5
617A. Application fee, transfer fee and levy for Aquaculture
(Crown Land) Type A Licence 5 617B. Levy on general permits for banded morwong
developing fishery 8
16. Consequential amendment to regulation 619 8 17. Insertion of regulations 706 to 710 8
706. Additional conditions for certain licences 8 707. Refusal under regulation 706(3) a reviewable decision 9 708. Expiry of regulations 706 and 707 9 709. Western Port/Port Phillip Bay Fishery Access Licence may continue to be held by a body corporate 9
i
Regulation Page 710. Transitional provisions for Aquaculture (Crown Land)
Licences 10
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ENDNOTES 11
ii
STATUTORY RULES 2000
S.R. No. 107/2000
Fisheries Act 1995
Fisheries (Commercial and Aquaculture)
Regulations 2000
The Governor in Council makes the following Regulations:
Dated: 24 October 2000Responsible Minister:
CANDY BROAD
Minister for Energy and Resources
HELEN DOYE
Clerk of the Executive Council
1. Objective
The objective of these Regulations is
(a)
to include a new class of aquaculture licence for bivalve shellfish; and
(b)
to close the Andersons Inlet Fishery and Shallow Inlet Fishery; and
(c)
to include a levy for the banded morwong developing fishery; and
(d)
to make other amendments to the Fisheries Regulations 1998.
2. Authorising provision
These Regulations are made under section 153 of the Fisheries Act 1995.
3. Principal Regulations
Fisheries (Commercial and Aquaculture) Regulations 2000
S.R. No. 107/2000
In these Regulations, the Fisheries Regulations
19981 are called the Principal Regulations.4. Closure of Andersons Inlet Fishery and Shallow Inlet Fishery
(1) In the table in regulation 107 of the Principal
Regulations, omit the items relating to "Anderson's Inlet" and "Shallow Inlet".
(2) In regulation 201(1) of the Principal Regulations,
omit paragraphs (b) and (p).
(3) Regulations 205, 222, 304 and 320 of the
Principal Regulations are revoked.
5. New class of aquaculture licence
After regulation 203(b) of the Principal
Regulations insert
"(c) Aquaculture (Crown Land) Type A
Licence.".
6. Amendment to entitlements of Aquaculture (Crown Land) Licence
In regulation 231 of the Principal Regulations, after "fish" (wherever occurring) insert "(other than bivalve shellfish for human consumption)".
7. Insertion of regulation 231A
After regulation 231 of the Principal Regulations
insert
"231A. Entitlements of Aquaculture (Crown Land)
Type A Licence
An Aquaculture (Crown Land) Type A land and in or on the protected waters
covering that land specified in the licence
(a)
to use, form or create a habitat for rearing or growing bivalve shellfish
Fisheries (Commercial and Aquaculture) Regulations 2000
r. 8
S. R. No. 107/2000 specified in the licence for sale or other
commercial purposes; and
(b) to rear or grow bivalve shellfish specified in the licence for sale or other commercial purposes; and (c) to use commercial aquaculture
equipment specified in the licence.".
8. Administrative matters relating to the new class of aquaculture licence
(1) After regulation 232(l) of the Principal
Regulations insert
"(m) Aquaculture (Crown Land) Type A
Licence.".
(2) After regulation 233(p) of the Principal
Regulations insert
"(q) Aquaculture (Crown Land) Type A
Licence.".
(3) After regulation 237(b) of the Principal
Regulations insert
"(c) Aquaculture (Crown Land) Type A
Licence.".
9. Removal of ability of certain licences to be held by a body corporate and removal of restriction on personally carrying out fishing activities
(1) In regulation 233 of the Principal Regulations,
omit paragraphs (b), (c), (g) and (i).
(2) In regulation 234 of the Principal Regulations,
omit paragraphs (c), (d), (f) and (g).
10. Amendments to conditions of Ocean Fishery Access Licences
Fisheries (Commercial and Aquaculture) Regulations 2000
S.R. No. 107/2000
After regulation 314(2)(j) of the Principal
Regulations insert
"; and
(k) must not take, possess or land from any boat more than 2 banded morwong on any one day.".
11. Amendments to conditions of Rock Lobster Fishery Access Licence
After regulation 318(2)(k) of the Principal
Regulations insert
"; and
(l) must not take, possess or land from any boat more than 2 banded morwong on any one day.".
12. Amendments to conditions of Western Port/Port Phillip Bay Fishery Access Licence
(1) After regulation 323(2)(d) of the Principal
Regulations insert
"(da) must not use a drum or spool to hold or store
any mesh net with meshes measuring
10 centimetres or more; and
(db) must not use any mechanical assistance to haul any mesh net or combination of mesh nets with meshes measuring 10 centimetres or more if the overall length of the net or
nets exceeds 1250 metres; and".
(2) After regulation 323(2) of the Principal
Regulations insert
Fisheries (Commercial and Aquaculture) Regulations 2000
S.R. No. 107/2000 r. 13 "(2A) Despite regulation 323(2)(db), 2 Western
Port/Port Phillip Bay Fishery Access Licence
holders working together may use
mechanical assistance to jointly haul a mesh
net, or combination of mesh nets, of up to
2500 metres in length with meshes
measuring 10 centimetres or more.".
13. Conditions of an Aquaculture (Crown Land) Type A Licence
In regulation 336(1) of the Principal Regulations,
for "is" substitute "and the holder of an
Aquaculture (Crown Land) Type A Licence are".14. Exemption from Aquaculture (Crown Land) Licence application fee
At the end of regulation 613 of the Principal
Regulations insert"(2) Despite sub-regulation (1), a person who applies for an Aquaculture (Crown Land) Licence is not liable to pay the application fee if the person holds a current Aquaculture
(Crown Land) Type A Licence in respect of
the growing area or areas to which theapplication relates.".
15. Insertion of regulations 617A and 617B
After regulation 617 of the Principal Regulations
insert"617A. Application fee, transfer fee and levy for Aquaculture (Crown Land) Type A Licence
(1) The application fee for the issue of an
Aquaculture (Crown Land) Type A Licence is $1090.
(2) Sub-regulation (1) does not apply if the
applicant holds a current Aquaculture
(Crown Land) Licence or an Aquaculture
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(Crown Land) Type A Licence in respect of
the growing area or areas to which the
application relates.(3) The fee for the transfer of an Aquaculture (Crown Land) Type A Licence is $172.
(4) The holder of an Aquaculture (Crown Land) Type A Licence must pay to the Secretary a levy for a specified period calculated in
accordance with sub-regulation (6) if the Secretary makes a declaration under sub- regulation (5).
Penalty: 20 penalty units.
(5) The Secretary may, by notice published in the Government Gazette, declare in respect
of a specified period
(a) an area to be a growing area;
(b) Secretary for administering
the estimated total fixed costs of the Licences;
(c) the total area in hectares of Aquaculture (Crown Land) Type A Licences at the time of making a declaration; (d) Secretary for administering
the estimated total variable costs of the Licences for each growing area;
(e) the total area in hectares of Aquaculture (Crown Land) Type A Licences of each growing area at the time of making the declaration. (6) The levy payable is $859 plus, for each growing area in which the holder of the Aquaculture (Crown Land) Type A Licence
Fisheries (Commercial and Aquaculture) Regulations 2000
S.R. No. 107/2000 r. 15 is licensed to operate, an amount calculated
in accordance with the following formula
ETFC ETVC × NHG +
TA TGA 3
where
ETFC is the estimated total fixed costs of the growing area held by the holder of the Aquaculture (Crown Land) Type A Licence at the time the declaration is made under sub-regulation (5).
Secretary for administering Aquaculture
(Crown Land) Type A Licences for the
period in which the levy will apply, minus
$859 for each holder of an Aquaculture
(Crown Land) Type A Licence at the time
the declaration is made under sub-regulation
(5);
TA is the total area in hectares to which
Aquaculture (Crown Land) Type A Licences
apply at the time the declaration is made
under sub-regulation (5);
ETVC is the estimated total variable costs of
the Secretary for administering Aquaculture
(Crown Land) Type A Licences for the
growing area for the period in which the levy
will apply;
TGA is the total area in hectares of
Aquaculture (Crown Land) Type A Licences
in the growing area;(7) The Secretary must give a copy of any
declaration made under sub-regulation (5) to
each Aquaculture (Crown Land) Type A
Licence holder within 14 days after
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publication of the declaration in the
Government Gazette.
617B. Levy on general permits for banded
morwong developing fishery
The holder of a general permit to take fish
from the banded morwong developing
fishery must pay to the Secretary a levy of
$3000.Penalty: 20 penalty units.".
16. Consequential amendment to regulation 619
In regulation 619 of the Principal Regulations, after "regulation 617" insert ", 617A or 617B".
17. Insertion of regulations 706 to 710
After regulation 705 of the Principal Regulations
insert
"706. Additional conditions for certain licences
(1) This regulation applies to the following
classes of commercial fishery licences
(a)
Corner Inlet Fishery Access Licence; and
(b) Gippsland Lakes Fishery Access
Licence; and(c)
Mallacoota Lower Lake Fishery Access Licence; and
(d)
Western Port/Port Phillip Bay Fishery Access Licence.
(2) The licences listed in sub-regulation (1) are
regulation, in addition to any other
conditions imposed on the licence by thesesubject to the conditions specified in this section 52 of the Act.
Fisheries (Commercial and Aquaculture) Regulations 2000
S.R. No. 107/2000 r. 17 (3) The licence holder must not use the services of another person to carry out any fishing
activities authorised by the licence unless
(a) it is necessary to do so as a result of hardship, illness, injury or death; and (b) the Secretary gives the licence holder written permission to do so for a specified period. (4) If the licence holder has the permission of the Secretary to use the services of another person to carry out any fishing activity
authorised by the licence, the licence holder
must not use those services beyond the
specified period.707. Refusal under regulation 706(3) a reviewable decision
A refusal by the Secretary to give a licence holder written permission to use the services of another person to carry out any fishing activity authorised by the licence under regulation 706(3) is a reviewable decision for the purposes of section 137 of the Act.
708. Expiry of regulations 706 and 707 2003.
709. Western Port/Port Phillip Bay Fishery Access Licence may continue to be held by a body corporate
A Western Port/Port Phillip Bay Fishery Access Licence which was held by a body corporate immediately before the day on which the Fisheries (Commercial and Aquaculture) Regulations 2000 came into operation can continue to be held by that
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body corporate until the date on which the
licence is due to be renewed.
710. Transitional provisions for Aquaculture
(Crown Land) Licences(1) A person who immediately before the day on
which the Fisheries (Commercial and
Aquaculture) Regulations 2000 came into
operation
(a) was the holder of an Aquaculture (Crown Land) Licence; and (b) was rearing or growing bivalve shellfish for human consumption
is deemed to hold an Aquaculture (Crown
Land) Type A Licence until the date on
which the Aquaculture (Crown Land)
Licence is due to be renewed.
(2) A person to whom sub-regulation (1) applies is not liable to pay the levy under regulation 617A in respect of the period during which
the person is deemed to hold an Aquaculture
(Crown Land) Type A Licence.".
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Fisheries (Commercial and Aquaculture) Regulations 2000
S.R. No. 107/2000 Endnotes
ENDNOTES
1 Reg. 3: S.R. No. 23/1998. Reprint No. 1 as at 24 August 1999. Reprinted to
S.R. No. 109/1999 and amended by S.R. Nos 15/2000, 20/2000 and
28/2000.
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