Fisheries (Commercial Licences) Regulations 2002 (Vic)

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Fisheries (Commercial Licences) Regulations 2002

S.R. No. 63/2002

TABLE OF PROVISIONS

Regulation Page

1. Objective 1
2. Authorising provision 1
3. Definition 2
4. Classes of access licences 2
5. Regulation 209 revoked 2
6. New regulation 238 substituted and regulations 239, 240, 241
and 242 inserted 2

238. Maximum number of licences and licence reductions 2
239. Register of adjustment numbers 4
240. Application to transfer licences 4
241. Grounds for refusing the transfer of certain licences 5
242. Eligibility criteria in relation to certain licences 6

7. Conditions of Eel Fishery Access Licences 6
8. Amendment to regulation 706 6

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ENDNOTES 7

i

STATUTORY RULES 2002

S.R. No. 63/2002

Fisheries Act 1995

Fisheries (Commercial Licences) Regulations 2002

The Governor in Council makes the following Regulations:
Dated: 6 August 2002
Responsible Minister:
CANDY BROAD
Minister for Energy and Resources

HELEN DOYE

Clerk of the Executive Council

1. Objective
The objective of these Regulations is to amend the
Fisheries Regulations 1998 by—

(a)

prescribing the maximum number of licences that may be issued for certain classes of commercial fishery licences; and

(b)

providing for the reduction of the number of certain classes of commercial fishery licences; and

(c)

prescribing the procedure for applying to transfer fishery licences; and
(d) making various other minor amendments.

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

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S.R. No. 63/2002

3. Definition
In regulation 105(1) of the Fisheries Regulations
19981 insert the following definition—
' "consolidated licence" means a licence that is
issued by the Secretary in the place of
2 licences that were issued in respect of the
same fishery;'.

4. Classes of access licences
Regulation 201(1)(f) of the Fisheries Regulations
1998 is revoked.

5. Regulation 209 revoked
Regulation 209 of the Fisheries Regulations 1998 is revoked.
6. New regulation 238 substituted and regulations 239, 240, 241 and 242 inserted
For regulation 238 of the Fisheries Regulations
1998 substitute—
"238. Maximum number of licences and licence
reductions
(1) The maximum number of licences that may
be issued for a class of fishery access licence
listed in column 1 of the Table is the
corresponding base number in column 2 of
the Table less the adjustment number for that
fishery calculated in accordance with
sub-regulation (2).
(2) The adjustment number for a class of fishery access licence is the total number of licences of that class that have, since the
commencement of the Fisheries
(Commercial Licences) Regulations 2002,
been—

(a) not renewed;
Fisheries (Commercial Licences) Regulations 2002

r. 6	S.R. No. 63/2002

(b) surrendered;
(c) consolidated into another licence;
(d) cancelled.

Column 1 Column 2
Class of access licence Base number
Abalone Fishery Access Licence 71
Corner Inlet Fishery Access
Licence 20
Eel Fishery Access Licence Type A 18
Giant Crab Fishery Access Licence 44
Gippsland Lakes Fishery Access
Licence 18
Gippsland Lakes Fishery (Bait)
Access Licence 10
Gippsland Lakes (Mussel Dive)
Fishery Access Licence 3
Inland Fishery Access Licence 5
Lake Tyers Fishery Access Licence 3
Lake Tyers Fishery (Bait) Access
Licence 3
Mallacoota Lower Lake Fishery
Access Licence 4
Mallacoota Lower Lake Fishery
(Bait) Access Licence 2
Ocean Fishery Access Licence 452
Port Phillip Bay (Mussel Bait)
Fishery Access Licence 2
Purse Seine (Ocean) Fishery Access
Licence 2
Purse Seine (Port Phillip Bay)
Fishery Access Licence 4
Rock Lobster Fishery Access
Licence 139

Fisheries (Commercial Licences) Regulations 2002

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S.R. No. 63/2002

Column 1 Column 2
Class of access licence Base number
Scallop (Ocean) Fishery Access
Licence 94
Snowy River Fishery (Bait) Access
Licence 2
Sydenham Inlet Fishery (Bait)
Access Licence 2
Trawl (Inshore) Fishery Access
Licence 61
Western Port/Port Phillip Bay
Fishery Access Licence 52
Wrasse (Ocean) Fishery Access
Licence 55
239. Register of adjustment numbers
(1) The Secretary must establish and keep
current a register that sets out the value of
the adjustment number calculated in
accordance with regulation 238 in respect of
each class of access licence listed in the
Table in that regulation.
(2) The Secretary must ensure that a copy of the

register is available to be inspected at the
office of the Secretary by any member of the
public during normal business hours.

(3) A failure to comply with this section has no

effect on regulation 238.

240. Application to transfer licences

(1) An application to transfer a fishery licence must be made on the form approved by the Secretary.

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(2) An application must—

(a)

include the name and address of the holder of the fishery licence to be transferred or the holder of a registered financial interest in such a licence; and

(b)

specify the name and address of the proposed transferee; and

(c)

specify whether the licence is a licence that is required to be consolidated; and

(d)

if requested by the Secretary, specify any additional information relating to the application; and

(e)

if the fishery licence is a licence in respect of which any eligibility criteria are prescribed, the proposed transferee's responses to the questions asked by the Secretary in relation to the eligibility criteria; and
(f) be lodged with the Secretary.
241. Grounds for refusing the transfer of certain licences
The Secretary must refuse to transfer an access licence if—

(a) the licence is in respect of the Corner Inlet Fishery, the Gippsland Lakes Fishery, the Mallacoota Lower Lake Fishery or the Westernport/Port Phillip Bay Fishery and is not a consolidated licence; or
(b)
Inlet Fishery, the Eel Fishery, the
Gippsland Lakes Fishery, the
Gippsland Lakes (Bait) Fishery, the
the licence is in respect of the Corner Westernport/Port Phillip Bay Fishery

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S.R. No. 63/2002
and the proposed transferee does not
satisfy, in the Secretary's opinion, any
relevant eligibility criterion.
242. Eligibility criteria in relation to certain licences

The eligibility criteria that the proposed
transferee of a licence in respect of the
Corner Inlet Fishery, the Eel Fishery, the
Gippsland Lakes Fishery, the Mallacoota
Lower Lake Fishery or the Westernport/Port
Phillip Bay Fishery must satisfy are—

(a)

the proposed transferee must have a thorough knowledge of the provisions of the Act and the regulations that are relevant to the particular fishery; and

(b)

the proposed transferee must be the holder of a certificate of competency issued under the Marine Act 1988 or an appropriate certificate issued in another State, Territory or country.".

7. Conditions of Eel Fishery Access Licences

In regulation 307(1) of the Fisheries Regulations
1998, for "and an Eel Fishery Access Licence
Type B are" substitute "is".
8. Amendment to regulation 706
After regulation 706(3)(a) of the Fisheries
Regulations 1998 insert—
"(ab) the person is the holder of a certificate of competency issued under the Marine Act 1988 or an appropriate certificate issued in another State, Territory or country; and".

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Fisheries (Commercial Licences) Regulations 2002

Endnotes

S.R. No. 63/2002

ENDNOTES

1 Reg. 3: S.R. No. 23/1998. Reprint No. 2 as at 22 May 2001. Reprinted to
S.R. No. 43/2001 and subsequently amended by S.R. Nos 78/2001,
118/2001, 145/2001 and 19/2002.

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Fisheries (Commercial Licences) Regulations 2002 (Vic)

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1.	Objective	1
2.	Authorising provision	1
3.	Definition	2
4.	Classes of access licences	2
5.	Regulation 209 revoked	2
6.	New regulation 238 substituted and regulations 239, 240, 241
and 242 inserted	2
238.	Maximum number of licences and licence reductions	2
239.	Register of adjustment numbers	4
240.	Application to transfer licences	4
241.	Grounds for refusing the transfer of certain licences	5
242.	Eligibility criteria in relation to certain licences	6
7.	Conditions of Eel Fishery Access Licences	6
8.	Amendment to regulation 706	6

(a)	prescribing the maximum number of licences that may be issued for certain classes of commercial fishery licences; and
(b)	providing for the reduction of the number of certain classes of commercial fishery licences; and
(c)	prescribing the procedure for applying to transfer fishery licences; and

Column 1	Column 2
Class of access licence	Base number
Abalone Fishery Access Licence	71
Corner Inlet Fishery Access
Licence	20
Eel Fishery Access Licence Type A	18
Giant Crab Fishery Access Licence	44
Gippsland Lakes Fishery Access
Licence	18
Gippsland Lakes Fishery (Bait)
Access Licence	10
Gippsland Lakes (Mussel Dive)
Fishery Access Licence	3
Inland Fishery Access Licence	5
Lake Tyers Fishery Access Licence	3
Lake Tyers Fishery (Bait) Access
Licence	3
Mallacoota Lower Lake Fishery
Access Licence	4
Mallacoota Lower Lake Fishery
(Bait) Access Licence	2
Ocean Fishery Access Licence	452
Port Phillip Bay (Mussel Bait)
Fishery Access Licence	2
Purse Seine (Ocean) Fishery Access
Licence	2
Purse Seine (Port Phillip Bay)
Fishery Access Licence	4
Rock Lobster Fishery Access
Licence	139

(a)	include the name and address of the holder of the fishery licence to be transferred or the holder of a registered financial interest in such a licence; and
(b)	specify the name and address of the proposed transferee; and
(c)	specify whether the licence is a licence that is required to be consolidated; and
(d)	if requested by the Secretary, specify any additional information relating to the application; and
(e)	if the fishery licence is a licence in respect of which any eligibility criteria are prescribed, the proposed transferee's responses to the questions asked by the Secretary in relation to the eligibility criteria; and

(a)	the licence is in respect of the Corner Inlet Fishery, the Gippsland Lakes Fishery, the Mallacoota Lower Lake Fishery or the Westernport/Port Phillip Bay Fishery and is not a consolidated licence; or
(b)	Inlet Fishery, the Eel Fishery, the Gippsland Lakes Fishery, the Gippsland Lakes (Bait) Fishery, the

(a)	the proposed transferee must have a thorough knowledge of the provisions of the Act and the regulations that are relevant to the particular fishery; and
(b)	the proposed transferee must be the holder of a certificate of competency issued under the Marine Act 1988 or an appropriate certificate issued in another State, Territory or country.".