Untitled document

Fisheries (Amendment) Act 1996

Act No. 67/1996

TABLE OF PROVISIONS

Section Page

1.	Purpose	1
2.	Commencement	1
3.	Insertion of sections 153A and 153B	2

153A.	Cancellation of scallop licences	2
153B.	Acquisition of scallop licences	3

4.	Consequential amendments	3
5.	Supreme Court—limitation of jurisdiction	4

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NOTES 5

i

Victoria

No. 67 of 1996

†

Fisheries (Amendment) Act 1996

[Assented to 17 December 1996]

The Parliament of Victoria enacts as follows:

1. Purpose

The purpose of this Act is to close the Port Phillip

Bay scallop dredge fishery.

2. Commencement

(1) Section 1 and this section come into operation on

the day on which this Act receives the Royal

Assent.

(2) The remaining provisions of this Act come into

operation on a day to be proclaimed.
Fisheries (Amendment) Act 1996

s. 3

Act No. 67/1996

(3) If a provision of this Act is not in operation on 31

December 1997, it comes into operation on that date.

3. Insertion of sections 153A and 153B

After section 153 of the Fisheries Act 1995 insert—

"153A. Cancellation of scallop licences

(1) In section 14 of the Fisheries Act 1968—

(a) for sub-section (1)(b) substitute— "(b) for dredging for or taking scallops

for sale (other than in or from the

waters of Port Phillip Bay);";

(b) in sub-section (3), after "take scallop for sale" insert "in or from any waters other than the waters of Port Phillip Bay".

(2) Any licence issued under section 14 of the

Fisheries Act 1968 that licences a registered fishing boat for dredging for or taking scallops for sale in all Victorian waters or in the waters of Port Phillip Bay is, by virtue of this section, cancelled.

(3) If a licence that is cancelled by this section

included an entitlement to dredge for or take immediately issue a new licence that licenses the registered fishing boat described in the cancelled licence for dredging for or taking scallops for sale in those other waters.

scallops in waters other than the waters of

(4) The Secretary must issue the new licence

under sub-section (3) at no additional cost to
the person who held the cancelled licence.

Fisheries (Amendment) Act 1996

s. 4

Act No. 67/1996

(5) Subject to sub-section (3), any right or

privilege acquired or accrued against the
State of Victoria in respect of a licence
cancelled by this section is extinguished,
despite anything to the contrary in section
14(2) of the Interpretation of Legislation

Act 1984.

153B. Acquisition of scallop licences

(1) The registered owner of a boat that has its

licence cancelled under section 153A is
entitled to be paid an amount determined by

the Treasurer and the Minister.

(2) Despite any Act or law to the contrary, the

State of Victoria is not liable in any other way for any loss, damage or injury whatsoever resulting from the cancellation of a licence under section 153A.

(3) Any amount determined by the Treasurer and

the Minister under this section must be paid
out of the Consolidated Fund (which is, by
this sub-section, appropriated to the
necessary extent).".

4. Consequential amendments

(1) For section 15(1)(h) of the Fisheries Act 1968

substitute—

"(h) for a scallop licence permitting the dredging

or taking of scallop in all Victorian waters
(other than the waters of Port Phillip Bay)—
$1680 or such greater amount as is
prescribed from time to time;".

(2) After section 17(1B) of the Fisheries Act 1968

insert—

Fisheries (Amendment) Act 1996

s. 5

Act No. 67/1996

"(1C) A person must not dredge for scallops, or

take scallops for sale, in the waters of Port for 6 months.".

Phillip Bay.

5. Supreme Court—limitation of jurisdiction

In section 144 of the Fisheries Act 1995—

(a) before "It" insert "(1)";

(b) at the end of the section insert— "(2) It is the intention of sections 153A and

153B to alter or vary section 85 of the

Constitution Act 1975.".

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Fisheries (Amendment) Act 1996

Notes

Act No. 67/1996

NOTES

†

Minister's second reading speech—

Legislative Assembly: 14 November 1996

Legislative Council: 5 December 1996

The long title for the Bill for this Act was "to amend the Fisheries Act
1968, the Fisheries Act 1995, to close the Port Phillip Bay scallop dredge

fishery and for other purposes."

Constitution Act 1975:

Section 85(5) statement:

Legislative Assembly: 14 November 1996

Legislative Council: 5 December 1996

Absolute majorities:

Legislative Assembly: 5 December 1996

Legislative Council: 10 December 1996