Fisheries (Commercial) Regulations 2000 (Vic)

Fisheries (Commercial) Regulations 2000

S.R. No. 15/2000

TABLE OF PROVISIONS

Regulation Page

1.	Objective	1
2.	Authorising provision	1
3.	Principal Regulations	1
4.	Amendment to definition	2
5.	Amendment to regulation 233	2
6.	Amendments to conditions of an Ocean Fishery Access Licence	2
7.	Amendments to conditions of a Rock Lobster Fishery Access
Licence	3
8.	Amendment to regulation 327	3
9.	Amendment to regulation 329	3
10.	Holder of a Fish Receivers' (Abalone) Licence to mark or label
abalone packaging	4

330A. Requirement to mark abalone packaging 4

11.	Amendment to regulation 507	4
12.	New regulations 542 and 543	5

542.	Offence to sell unmarked or unlabelled abalone	5
543.	Offence to deface, damage, remove or destroy abalone
packaging or label	5

13.	Amendment to regulation 628	5
14.	Amendments to regulation 629	5
15.	Amendment to regulation 634	6
16.	Amendments to fees and levies	6
17.	Amendment to Schedule 14	6

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NOTES 7

i

STATUTORY RULES 2000

S.R. No. 15/2000

Fisheries Act 1995

Fisheries (Commercial) Regulations 2000

The Governor in Council makes the following Regulations:
Dated: 14 March 2000

Responsible 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 make further provision for the regulation of commercial fishing activity in Victoria;
(b)	to make minor amendments to the Fisheries Regulations 1998.

2. Authorising provision

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

3. Principal Regulations

In these Regulations, the Fisheries Regulations
19981 are called the Principal Regulations.

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4. Amendment to definition

In regulation 105(2) of the Principal Regulations
for the definition of "Gippsland Lakes"
substitute—
' "Gippsland Lakes" means the total area of all

waters bounded by a line commencing at the outer end of the western pier at the entrance wall at the entrance to the Gippsland Lakes, continuing in a north westerly direction to

the inner end of that pier then following the shoreline along the mean highwater mark of such waters in a generally clockwise

direction to the inner end of the eastern pier its outer 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);'.

at the entrance wall at the entrance to the

5. Amendment to regulation 233

In regulation 233(e) of the Principal Regulations, after "Fishery" insert "(Bait)".

6.  Amendments to conditions of an Ocean Fishery Access Licence

For regulation 314(2)(e) of the Principal
Regulations substitute—
"(e) must not on any one day—

(i)  take, possess or retain on board any boat more than a total combined number of 2 gummy shark and school shark; or

Fisheries (Commercial) Regulations 2000

S.R. No. 15/2000 r. 7

(ii)  land from any boat more than a total combined number of 2 gummy shark and school shark; and".

7.  Amendments to conditions of a Rock Lobster Fishery Access Licence

After regulation 318(4) of the Principal
Regulations insert—
"(5) A licence holder must not use a rock lobster

pot in Andersons Inlet, Corner Inlet, Curdies Inlet, the Gippsland Lakes, Mallacoota Inlet, Port Phillip Bay, Swan Bay, Sydenham Inlet, Tamboon Inlet, Lake Tyers, Western Port

Bay or Wingan Inlet.

(6) Despite sub-regulation (5), a licence holder may use a rock lobster pot in a bay or inlet specified in that sub-regulation if he or she holds an access licence that authorises the taking of rock lobster from that bay or

inlet.".

8. Amendment to regulation 327

For regulation 327(f)(ii) of the Principal
Regulations substitute—

"(ii) provide the specified details to the Secretary

via the notification service; and

(iii)  immediately enter the receipt number and time provided by the notification service on Part D of the duplicate and triplicate copies of the abalone docket; and".

9. Amendment to regulation 329

In regulation 329(a) of the Principal

Regulations—

(a) in sub-paragraph (i) for "629(g)" substitute "629(1)(g) and (h)";

Fisheries (Commercial) Regulations 2000

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(b) sub-paragraph (iii) is revoked.

10.  Holder of a Fish Receivers' (Abalone) Licence to mark or label abalone packaging

After regulation 330 of the Principal Regulations insert—

"330A. Requirement to mark abalone packaging
(1) The holder of a Fish Receivers' (Abalone)

Licence or any person acting under that licence must, before abalone leaves the licensed premises of the licence holder—

(a)	mark the outside of the immediate packaging of the abalone with the details (if applicable) listed in sub- regulation (2); or
(b)	affix a label to the outside of the immediate packaging of the abalone that contains the details (if applicable) listed in sub-regulation (2).

(2) For the purposes of sub-regulation (1) the

details are—

(a)	the name of the licence holder or the name and address of the person on whose behalf the abalone was packaged;
(b)

the approved AQIS number or the the licence holder;

(c)	the net weight (kilograms) of the abalone;
(d)	the date that the licence holder or person acting under the licence packaged the abalone.".

11. Amendment to regulation 507

Fisheries (Commercial) Regulations 2000

S.R. No. 15/2000 r. 12

In regulation 507(1)(g) of the Principal

Regulations omit ", a fyke net".

12. New regulations 542 and 543

After regulation 541 of the Principal Regulations insert—

"542. Offence to sell unmarked or unlabelled

abalone

A person must not sell abalone unless the
immediate packaging of the abalone is
marked or labelled in accordance with
regulation 330A.
Penalty: 20 penalty units.

543.  Offence to deface, damage, remove or destroy abalone packaging or label

(1) A person must not deface, damage, remove or destroy abalone packaging or a label that has been affixed to that packaging in

accordance with regulation 330A.
Penalty: 20 penalty units.

(2) Sub-regulation (1) does not apply to a person

who removes packaging or a label from
abalone at the place where that abalone is to
be consumed.".

13. Amendment to regulation 628

In regulation 628(2) of the Principal Regulations for "329(c)" substitute "329(b)".

14. Amendments to regulation 629

(1) In regulation 629(1) of the Principal

Regulations—

(a) for "receipt or invoice" substitute "document";

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(b) in paragraph (c), for "receipt" substitute "document";

(c) after paragraph (g) insert—

"; and

(h) the date that the abalone was packaged.".

(2) After regulation 629(2) of the Principal

Regulations insert—

"(3) A copy of a document issued by a person

under sub-regulation (1) must be retained by
that person for a period of 3 years from the

date of issue of that document.".

15. Amendment to regulation 634

In regulation 634(b) and (c) of the Principal Regulations after "storage" insert "or sale".

16. Amendments to fees and levies

In Schedule 12 to the Principal Regulations—

(a)	for the levy in column 5 of item 2 substitute "$556 + $17 per pot";
(b)	for the levy in column 5 of item 3 substitute "$1806";
(c)	for the levy in column 5 of item 4 substitute "$390".

17. Amendment to Schedule 14

In Schedule 14 to the Principal Regulations after the item relating to "section 111(1)(f)" insert—

"Regulation 330A of the Fisheries

Regulations 1998 3 years".

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Fisheries (Commercial) Regulations 2000

S.R. No. 15/2000 Notes

NOTES

1 Reg. 3: S.R. No. 23/1998. Reprint No. 1 as at 24 August 1999.