Fisheries (Western Port) (Amendment) Regulations 2007 (Vic)

Fisheries (Western Port) (Amendment) Regulations 2007

S.R. No. 143/2007

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Entitlements of Western Port/Port Phillip Bay Fishery
Access Licence

4Conditions of a Western Port/Port Phillip Bay Fishery
Access Licence

5Prohibitions on the use of certain boats or equipment

6Revocation of offence to stock fish into protected waters

7New regulation 637A inserted

637AExemption relating to stocking fish into protected
waters

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ENDNOTES

STATUTORY RULES 2007

S.R. No. 143/2007

Fisheries Act 1995

Fisheries (Western Port) (Amendment) Regulations 2007

The Governor in Council makes the following Regulations:

Dated: 18 December 2007

Responsible Minister:

JOE HELPER
Minister for Agriculture

MELISSA VAN ROSSUM

Acting Clerk of the Executive Council

1Objective

The objective of these Regulations is to remove the entitlement to use fishing nets in Western Port under a Western Port/Port Phillip Bay Fishery Access Licence and to make consequential and miscellaneous amendments.

2Authorising provision

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

3Entitlements of Western Port/Port Phillip Bay Fishery Access Licence

(1)In regulation 225(a) of the Fisheries Regulations 1998[1] omit "and Western Port".

(2)For regulation 225(b) of the Fisheries Regulations 1998 substitute—

"(b)in Western Port, to—

(i)take for sale fishing bait and fish (other than abalone, jellyfish, rock lobster, scallop and sea urchin); and

(ii)use an octopus trap, bay fish trap, fishing line (including a long line), underwater breathing apparatus and a hand operated bait pump; and

(iii)use other commercial fishing equipment specified in the licence; and

(iv)use the assistance of one or more people to carry out any activity authorised under the licence; and".

4Conditions of a Western Port/Port Phillip Bay Fishery Access Licence

(1)In regulation 323(2A) of the Fisheries Regulations 1998, after "working together" insert "in Port Phillip Bay".

(2)In regulation 323(3) of the Fisheries Regulations 1998—

(a)omit paragraphs (b), (c), (d), (e), (i), (j) and (l);

(b)in paragraph (k), for "day; and" substitute "day.".

5Prohibitions on the use of certain boats or equipment

In regulation 507(1)(i) of the Fisheries Regulations 1998, after "Port Phillip Bay," omit "Western Port,".

6Revocation of offence to stock fish into protected waters

Regulation 530 of the Fisheries Regulations 1998 is revoked.

7New regulation 637A inserted

After regulation 637 of the Fisheries Regulations 1998 insert—

"637A   Exemption relating to stocking fish into protected waters

(1)The Secretary may, in writing, exempt a person from section 42(1)(ba) of the Act in relation to the stocking of fish into protected waters, if the Secretary considers it necessary or reasonable in the circumstances of a particular case.

(2)The Secretary may impose conditions on the exemption relating to the stocking of fish into protected waters.

(3)In granting an exemption, the Secretary must specify—

(a)the place at which the exemption applies; and

(b)the period during which the exemption applies; and

(c)the circumstances in which the exemption applies; and

(d)any conditions that apply to the exemption.".

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ENDNOTES

[1] Reg. 3(1): S.R. No. 23/1998.  Reprint No. 6 as at 1 April 2006.  Reprinted to S.R. No. 28/2006 and subsequently amended by S.R. Nos 63/2006, 109/2006, 122/2006 and 12/2007.