Untitled document
Fisheries Amendment Regulations 2017
S.R. No. 10/2017
table of provisions
Regulation Page
Part 1—Preliminary
1Objectives
2Authorising provision
3Commencement
4Principal Regulations
Part 2—Amendments to licence conditions
Division 1—Gippsland Lakes Fishery Access Licence
5Use of certain fishing nets or scallop dredge prohibited in certain waters
6Activities authorised by a Gippsland Lakes Fishery Access Licence
7Regulation 149 substituted
8Use and possession of mesh nets
Division 2—Eel Fishery Access Licence
9Regulation 141 substituted
Division 3—Gippsland Lakes (Bait) Fishery Access Licence
10Regulation 167A inserted
Part 3—Transfer of Wrasse (Ocean) Fishery Access Licences
11Classes of commercial fishery licences that are transferable
12Classes of access licence where services of other person used
13Regulation 234AA revoked
Part 4—Other amendments commencing 1 April 2017
14Additional types of fishing equipment prescribed for the purposes of the Act
15Eligibility criterion for issue, renewal or transfer of access licence
16Taking of gemfish prohibited
17Additional minimum sizes for commercial taking and possession of fish
18Minimum sizes for abalone
19Schedule 3—Ports and mooring areas at which abalone may be landed
20Schedule 20—Scallop dive (Port Phillip Bay) Fishery Access Licence management zones, exclusion zones and ports and mooring areas
21Schedule 23 inserted
Part 5—Amendments relating to the Traditional Owner Settlement Act 2010
22Definitions
23Regulation 11A inserted
24Exemptions from requirement to hold recreational fishery licence
25Revocation of Division 1 of Part 4
26Application of Division 1 of Part 6
27Regulation 91A revoked
28Revocation of regulation 103(2)
29Regulation 117A revoked
30Regulation 234A revoked
31Regulation 240 substituted
32Regulation 319A revoked
33Regulation 323 substituted
34Catch limit for scallop
35Regulation 417A substituted
Part 6—Amendments relating to the Victorian Fisheries Authority
36Definitions
37Register of adjustment numbers
38Grounds on which Secretary must refuse to issue aquaculture licence
39Application to transfer commercial fishery licences
40Ground for refusing the transfer of access licences
41Grounds for refusing the transfer of a Giant Crab Fishery (Western Zone) Access Licence
42Individual quota units not to be transferred if levy on licence has not been paid
43Individual abalone quota units not to be transferred if levy on quota units not paid
44Process for voluntary surrender of commercial fishery licence
45Process for determination of compensation payable under section 63
46Subdivision 5—Miscellaneous duties and powers of Secretary
47Matters that may be specified by Secretary in a commercial fishery licence
48Secretary to specify licence number on Giant Crab Fishery (Western Zone) Access Licence
49Secretary to publish address for return of cancelled documents
50Secretary may give directions or authorisations relating to lost, stolen or damaged documents
51Secretary may direct return of fisheries documents
52Activities authorised by every access licence
53Every commercial fishery licence subject to conditions in this Subdivision
54Errors made while completing certain fisheries documents
55Lost or destroyed fisheries documents or copies
56Damaged fisheries documents and copies
57Theft of fisheries documents or copies
58Fisheries documents to be used in sequential numerical order
59Fisheries documents not to be lent, given or made available to others
60Licence holder to retain all unused fisheries documents in book issued
61Licence holder must return unused or partly used documents
62Licence holder to notify of change of name, address or telephone number
63Fees, levies, royalties in respect of licences to be paid by due date
64Levies and royalties in respect of individual quota units to be paid by due date
65Every access licence subject to conditions in this Subdivision
66Completion of catch and effort records
67Definition
68Offence to fail to return unissued recreational fishery licences
69Registration of a boat used for fishing
70Renewal of registration of a boat
71Secretary to issue certificate of registration
72Duration of boat registration
73Transfer of registration of boat
74Offence to tag or mark fish
75Requirements on persons receiving fish for sale
76Bait (General) Fishery Access Licence subject to conditions in this Division
77Corner Inlet Fishery Access Licence subject to conditions in this Division
78Eel Fishery Access Licence subject to conditions in this Division
79Secretary to be notified of setting and removal of fyke nets
80Gippsland Lakes Fishery Access Licence subject to conditions in this Division
81Gippsland Lakes (Bait) Fishery Access Licence subject to conditions in this Division
82Gippsland Lakes (Mussel Dive) Fishery Access Licence subject to conditions in this Division
83Lake Tyers (Bait) Fishery Access Licence subject to conditions in this Division
84Mallacoota Lower Lake (Bait) Fishery Access Licence subject to conditions in this Division
85Ocean Fishery Access Licence subject to conditions in this Division
86Port Phillip Bay (Mussel Bait) Fishery Access Licence subject to conditions in this Division
87Purse Seine (Ocean) Fishery Access Licence subject to conditions in this Division
88Purse Seine (Port Phillip Bay) Fishery Access Licence subject to conditions in this Division
89Notification of intention to take fish for sale
90Prior reporting of details before entering port or mooring area
91Fish must be landed at a specified place
92Boat not to enter port or mooring area and fish not to be landed before estimated time
93Boat to enter port or mooring area and fish to be landed within one hour after estimated time
94Secretary to confirm receipt of details to licence holder
95Requirement to complete catch and effort record
96Requirement to complete and keep catch disposal record
97Requirements for keeping fisheries documents and copies relating to fish
98Annual catch limit and prohibitions on fishing when annual catch limit has been reached
99Snowy River (Bait) Fishery Access Licence subject to conditions in this Division
100Sydenham Inlet (Bait) Fishery Access Licence subject to conditions in this Division
101Trawl (Inshore) Fishery Access Licence subject to conditions in this Division
102Catch limit for bug
103Western Port/Port Phillip Bay Fishery Access Licence subject to conditions in this Division
104Notification of intention to take fish for sale
105Prior reporting of details before entering port or mooring area
106Fish must be landed at a specified place
107Boat not to enter port or mooring area and fish not to be landed before estimated time
108Boat to enter port or mooring area and fish to be landed within one hour after estimated time
109Secretary to confirm receipt of details to licence holder
110Requirement to complete catch and effort record
111Requirement to complete and keep catch disposal record
112Requirements for keeping fisheries documents and copies relating to fish
113Annual catch limit and prohibitions on fishing when annual catch limit has been reached
114Wrasse (Ocean) Fishery Access Licence subject to conditions in this Division
115Offence to remove abalone from its packaging
116Abalone fishery access licences subject to conditions in this Division
117Notification of specified abalone details to Secretary
118Duplicate and triplicate abalone docket to be affixed to bin
119Submission of original abalone docket to Secretary
120Fish Receivers' (Abalone) Licence subject to conditions in Subdivisions 2, 3, 4, 5, 6 and 7
121Stock record to be provided to Secretary on request
122Abalone sold and possessed not to exceed recorded amounts
123Bins of abalone that are not properly sealed
124Incomplete or incorrect dockets
125Weighing and notification of specified abalone details to Secretary
126Copies of abalone docket
127Secretary to be notified of incorrect abalone transfer certificate
128Weighing and notification of specified abalone details to Secretary
129Copies of abalone transfer certificate
130Weighing and notification of specified abalone details to Secretary
131Original and copies of abalone transfer certificate
132Requirements for sale or consignment of smaller quantities of abalone
133Specified abalone details to be notified to Secretary
134Original and quadruplicate copy of abalone transfer certificate
135Secretary may request stock record or small sales return to be completed
136Secretary to notify licence holders of telephone numbers to be used
137Secretary to give abalone confirmation number to holder of abalone fishery access licence
138Secretary to notify fish receivers of internet address and telephone numbers to be used
139Secretary to give abalone confirmation number to holder of Fish Receivers' (Abalone) Licence
140Offence to write on, use or possess certain fisheries documents or copies
141Unused documents to be returned by former licence holders within 48 hours
142Notification of nomination of licence holder by holder of individual abalone quota unit
143Rock lobster fishery access licence subject to conditions in this Division
144Transfer of rock lobster at sea prohibited
145Requirement to complete rock lobster daily catch record book
146Prior reporting of rock lobster details before entering ports
147Further details to be provided to Secretary after initial reporting under regulation 348
148Boat not to enter port and rock lobster not to be landed before estimated time
149Boat to enter port and rock lobster to be landed within 1 hour after estimated time
150Rock lobster to be landed in Victoria unless exempted
151Rock lobster must be landed at specified place
152Reporting of post-landing details concerning rock lobster to Secretary
153Original rock lobster daily catch record to be sent to Secretary
154Requirements for keeping of fisheries documents and copies relating to rock lobster
155Location of rock lobster catch disposal record book and daily catch record book to be notified
156Secretary may allocate forfeited individual quota units in respect of rock lobster by tender
157Secretary to notify licence holder of telephone numbers to be used
158Secretary to give rock lobster confirmation number to rock lobster fishery access licence holder
159Activities authorised by a Giant Crab Fishery (Western Zone) Access Licence
160Giant Crab Fishery (Western Zone) Access Licence subject to conditions in this Division
161Restrictions on numbers of rock lobster pots that may be used
162Requirement to complete giant crab daily catch record book
163Prior reporting of giant crab details before entering ports
164Further details to be provided to Secretary after initial reporting under regulation 388
165Boat not to enter port and giant crab not to be landed before estimated time
166Boat to enter port and giant crab to be landed within 1 hour of after estimated time
167Giant crab to be landed in Victoria unless exempted
168Giant crab must be landed at specified place
169Notification of post-landing details concerning giant crab to Secretary
170Original giant crab daily catch record to be sent to Secretary
171Requirements for keeping of fisheries documents and copies relating to giant crab
172Location of giant crab catch disposal record book and giant crab daily catch record book to be notified
173Secretary may allocate forfeited individual quota units in respect of giant crab by tender
174Secretary to notify licence holder of telephone numbers to be used
175Secretary to give giant crab confirmation number to licence holder
176Scallop (Ocean) Fishery Access Licence subject to conditions in this Division
177Authorised activities
178Scallop Dive (Port Phillip Bay) Fishery Access Licence subject to conditions in this Division
179Notification of intention to take scallop for sale
180Prior reporting of scallop details before entering port of mooring
181Scallop must be landed at a specified place
182Boat not to enter port or mooring area and scallop not to be landed before estimated time
183Boat to enter port or mooring area and scallop to be landed within one hour after estimated time
184Scallop to be weighed after landing and information given to the Secretary
185Scallop not to be moved before catch disposal record completed
186Secretary to give scallop dive confirmation number to licence holder
187Requirements for keeping fisheries documents and copies relating to scallop dive
188Location of scallop dive catch disposal record book to be notified
189Underwater breathing apparatus not to be used in certain parts of Port Phillip Bay
190Vessel monitoring system
191Submission of annual report
192Secretary to notify licence holder of internet application to be used
193Fish Receivers' (Scallop) Licence subject to conditions
194Completion and submission of returns
195Authorised activities
196Sea Urchin Fishery Access Licence subject to conditions in this Division
197Notification of intention to take sea urchin for sale
198Prior reporting of sea urchin details before entering port of mooring
199Sea urchin must be landed at a specified place
200Boat not to enter port or mooring area and sea urchin not to be landed before estimated time
201Boat to enter port or mooring area and sea urchin to be landed within one hour after estimated time
202Sea urchin to be weighed after landing and information given to the Secretary
203Sea urchin not to be moved before catch disposal record completed
204Secretary to give sea urchin confirmation number to licence holder
205Requirements for keeping fisheries documents and copies relating to sea urchin
206Location of sea urchin catch disposal record book to be notified
207Secretary to notify licence holder of internet application to be used
208Every aquaculture licence subject to conditions in this Division
209Completion of aquaculture production return
210Aquaculture licences relating to abalone subject to additional conditions in this Division
211Crown land aquaculture licence subject to additional conditions in this Division
212Additional condition on Aquaculture (Private Land—Indoor Intensive) Licence
213Additional condition on Aquaculture (Private Land—Tourism) Licence
214Exemption from offence in Act relating to stocking fish into protected waters
215Secretary's obligations in relation to aquaculture production returns
216Secretary may exempt licence holder from licence condition
217Vessel monitoring system installed on boat
218Secretary to be notified of installation of vessel monitoring system
219Contact person on land to be nominated by responsible person
220Secretary to be notified of person to communicate with Secretary and boat
221Boat not to be moved until notification that vessel monitoring system operating correctly
222Fishing not to be carried out from boat with non‑operational system
223If required by Secretary password must be used
224Sealing of vessel monitoring system to be arranged
225Inspection of vessel monitoring system to be allowed
226Secretary may require password for, or inspection or sealing of, vessel monitoring system
227Offences to interfere with vessel monitoring system
228Secretary may approve documents, things and equipment
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Endnotes
statutory rules 2017
S.R. No. 10/2017
Fisheries Act 1995
Fisheries Amendment Regulations 2017
The Governor in Council makes the following Regulations:
Dated: 27 March 2017
Responsible Minister:
JAALA PULFORD
Minister for Agriculturemonica bird
Acting Clerk of the Executive Council
Part 1—Preliminary
1Objectives
The objectives of these Regulations are to amend the Fisheries Regulations 2009—
(a)to amend licence conditions for the Gippsland Lakes Fishery Access Licence, Eel Fishery Access Licence and Gippsland Lakes (Bait) Fishery Access Licence; and
(b)to make Wrasse (Ocean) Fishery Access Licences transferable; and
(c)to reflect recent changes to the Traditional Owner Settlement Act 2010; and
(d)to reflect transfer of legislative responsibility to the Victorian Fisheries Authority; and
(e)to make other miscellaneous changes to the regulation of fisheries.
2Authorising provision
These Regulations are made under section 153 of the Fisheries Act 1995.
3Commencement
(1)These Regulations, except Parts 5 and 6 come into operation on 1 April 2017.
(2)Part 5 comes into operation on 1 May 2017.
(3)Part 6 comes into operation on 1 July 2017.
4Principal Regulations
In these Regulations, the Fisheries Regulations 2009[1] are called the Principal Regulations.
Part 2—Amendments to licence conditions
Division 1—Gippsland Lakes
Fishery Access Licence
5Use of certain fishing nets or scallop dredge prohibited in certain waters
For regulation 110(1)(c) of the Principal Regulations substitute—
"(c)within 400 metres of the mouth of any other river, stream or creek that is not shown on a map in Schedule 23.".
6Activities authorised by a Gippsland Lakes Fishery Access Licence
In regulation 147(a) of the Principal Regulations, after "abalone," insert "Australian Bass,".
7Regulation 149 substituted
For regulation 149 of the Principal Regulations substitute—
"149 Use of certain commercial fishing equipment prohibited in certain places
(1)The licence holder must not use commercial fishing equipment—
(a)in any area shown hatched on the maps in Schedule 23; or
(b)in or on the waters of any lagoon (including Victoria Lagoon), backwater or watercourse connected with McLennan Straits.
(2)Despite subregulation (1) the licence holder may—
(a)use a seine net not exceeding 366 metres in length from the
shore of Rigby Island; or
(b)use not more than 2 sandworm pumps within 400 metres of the channels or cuts in the most northern bank of the Mitchell River near Eagle Point which join the river and Jones Bay.
(3)The licence holder must not use any mesh net or stake net within 100 metres of any part of the low water mark between Shaving Point at Metung and 50 metres west of the mouth of Chinaman's Creek at Bancroft Bay." .
8Use and possession of mesh nets
After regulation 152(2) of the Principal Regulations insert—
"(3)The licence holder must ensure that every mesh net used by the licence holder in the Gippsland Lakes is marked in the following manner—
(a)a spherical white surface float measuring not less than 250 millimetres in diameter is attached to each end of the net;
(b)spherical white surface floats measuring not less than 150 millimetres in diameter are attached along the length of the net not more than 100 metres apart.".
Division 2—Eel Fishery Access Licence
9Regulation 141 substituted
For regulation 141 of the Principal Regulations substitute—
"141 Marking of fyke nets
(1)The licence holder must ensure that every fyke net, or fleet of fyke nets, used by the licence holder in the Gippsland Lakes—
(a)is attached to—
(i)an orange spherical surface float measuring not less than 250 millimetres in diameter, which is clearly marked with the licence number; or
(ii)an orange non-spherical surface float measuring not less than 250 millimetres in length with a width or diameter of not less than 150 millimetres, which is clearly marked with the licence number; or
(b)is marked using an alternative means that is specified in the licence under regulation 33.
(2)The licence holder must ensure that every fyke net, or fleet of fyke nets, used by the licence holder outside the Gippsland Lakes—
(a)is attached to—
(i)a spherical surface float measuring not less than 100 millimetres in diameter, which is clearly marked with the licence number; or
(ii)a non-spherical surface float measuring not less than 100 millimetres in length with a width or diameter of not less than 90 millimetres, which is clearly marked with the licence number; or
(b)is marked using an alternative means that is specified in the licence under regulation 33.".
Division 3—Gippsland Lakes (Bait)
Fishery Access Licence
10Regulation 167A inserted
After regulation 167 of the Principal Regulations insert—
"167A Marking of pots, traps and nets
The licence holder must ensure that every pot, trap and net used by the licence holder in the Gippsland Lakes is attached to—
(a)an orange spherical surface float measuring not less than 250 millimetres in diameter, which is clearly marked with the licence number; or
(b)an orange non-spherical surface float measuring not less than 250 millimetres in length with a width or diameter of not less than 150 millimetres, which is clearly marked with the licence number.".
Part 3—Transfer of Wrasse (Ocean) Fishery Access Licences
11Classes of commercial fishery licences that are transferable
(1)In regulation 15(1)(p) of the Principal Regulations, for "Licence." substitute "Licence;".
(2)After regulation 15(1)(p) of the Principal Regulations insert—
"(q)subject to regulation 15(3), the Wrasse (Ocean) Fishery Access Licence.".
(3)After regulation 15(2) of the Principal Regulations insert—
"(3)A Wrasse (Ocean) Fishery Access Licence is not transferable unless the Minister has made a direction under section 61 of the Act in relation to the management of the Wrasse (Ocean) fishery.".
12Classes of access licence where services of other person used
(1)In regulation 18(2)(s) of the Principal Regulations, for "Licence." substitute "Licence;".
(2)After regulation 18(2)(s) of the Principal Regulations insert—
"(t)subject to regulation 18(3), the Wrasse (Ocean) Fishery Access Licence.".
(3)After regulation 18(2) of the Principal Regulations insert—
"(3)A Wrasse (Ocean) Fishery Access Licence is not specified for the purposes of section 39(2) of the Act unless the Minister has made a direction under section 61 of the Act in relation to the management of the Wrasse (Ocean) fishery.".
13Regulation 234AA revoked
Regulation 234AA of the Principal Regulations is revoked.
Part 4—Other amendments commencing 1 April 2017
14Additional types of fishing equipment prescribed for the purposes of the Act
(1)In regulation 6(3)(r) of the Principal Regulations, for "fish." substitute "fish;".
(2)After regulation 6(3)(r) of the Principal Regulations insert—
"(s)an electric fishing reel that has a hand cranking mechanism and is designed for attaching to a rod.".
15Eligibility criterion for issue, renewal or transfer of access licence
In regulation 27 of the Principal Regulations, for "eligibilty" substitute "eligibility".
16Taking of gemfish prohibited
(1)For regulation 117(1) of the Principal Regulations substitute—
"(1)For the purposes of section 67 of the Act and subject to subregulation (3), the taking of gemfish from Victorian waters is prohibited.".
(2)After regulation 117(2) of the Principal Regulations insert—
"(3)A person may take up to 5 gemfish per day when the person is undertaking recreational fishing in accordance with the Act and these Regulations.".
17Additional minimum sizes for commercial taking and possession of fish
For the Table at the foot of regulation 121 of the Principal Regulations substitute—
"
Column 1
Item
Column 2
Species of fish
Column 3
Minimum size
1 Bluethroat wrasse 28 cm 2 Dusky flathead 27 cm 3 Lakes Garfish (Hyporhamphus regularis) 20 cm 4 Ling 33 cm 5 Longfin pike and snook 36 cm 6 Mullet, goldspot and sand 22 cm 7 Mullet, sea 25 cm 8 Mullet, yellow eye 24 cm 9 Tailor 25 cm
".
18Minimum sizes for abalone
For the Table at the foot of regulation 235(1) substitute—
"
Column 1
ItemColumn 2
Species of abalone
Column 3
WatersColumn 4
Minimum size1 Blacklip abalone Victorian waters—
(a) west of longitude 142°30'35"E (mouth of Hopkins River)
13 cm
(b) between longitude 142°30'35"E and longitude 143°58'30"E (mouth of Hopkins River to Lorne) 12 cm (c) between longitude 143°58'30"E and longitude 147°58'30"E (Lorne to Lakes Entrance) except Port Phillip Bay 11 cm
(d) Port Phillip Bay 10 cm (e) east of longitude 147°58'30"E (Lakes Entrance) except the Mallacoota Airport Area 12 cm
(f) Mallacoota Airport Area 11 cm 2 Greenlip abalone Victorian waters (other than Port Phillip Bay) 13 cm ".
19Schedule 3—Ports and mooring areas at which abalone may be landed
In Schedule 3 to the Principal Regulations, after "Pier 35" insert "Point Roadknight".
20Schedule 20—Scallop dive (Port Phillip Bay) Fishery Access Licence management zones, exclusion zones and ports and mooring areas
(1)In Part 3 of Schedule 20 to the Principal Regulations, after "Point Richards Boat Ramp" insert "Portarlington Boat Ramp".
(2)In Part 3 of Schedule 20 to the Principal Regulations, after "Werribee South Boat Ramp" insert "Williamstown Boat Ramp".
21Schedule 23 inserted
After Schedule 22 to the Principal Regulations, insert—
"Schedule 23—Areas in the Gippsland Lakes where use of commercial fishing by Gippsland Lakes Fishery Access Licence holders is prohibited
Regulation 149(1)
Gippsland Lakes River Mouth Exclusions—
Avon River–Perry River
Gippsland Lakes Exclusions—Lake Reeve
Gippsland Lakes River Mouth Exclusions—Latrobe River
Gippsland Lakes River Mouth Exclusions—Maringa Creek
Gippsland Lakes Exclusions—McLennan Straits
Gippsland Lakes River Mouth Exclusions—Mitchell River
Gippsland Lakes River Mouth Exclusions—Nicholson River and Mitchell River
Gippsland Lakes Exclusions—North Arm
Gippsland Lakes Exclusions—North Arm Plan B
Gippsland Lakes River Mouth Exclusions—Tambo River
Gippsland Lakes River Mouth Exclusions—Toms Creek
Gippsland Lakes River Mouth Exclusions—
Tom Roberts Creek
".
Part 5—Amendments relating to the Traditional Owner Settlement Act 2010
22Definitions
The definitions of natural resource agreement, traditional owner group, traditional owner group entity, traditional owner recognition permit and traditional purposes in regulation 5 of the Principal Regulations are revoked.
23Regulation 11A inserted
After regulation 11 of the Principal Regulations insert—
"11A Application of these Regulations to traditional owners
In accordance with section 11AA of the Act, these Regulations do not apply to a traditional owner group entity within the meaning of the Traditional Owner Settlement Act 2010.
Note
See sections 11AA and 4(2) of the Act.".
24Exemptions from requirement to hold recreational fishery licence
(1)Regulation 66(1A) of the Principal Regulations is revoked.
(2)After regulation 66(2) of the Principal Regulations insert—
"(3)Subregulation (1A), as in force immediately before its revocation by the Fisheries Amendment Regulations 2017, continues to apply to a member of a traditional owner group in respect of which a natural resource agreement was entered into under the Traditional Owner Settlement Act 2010, as in force immediately before that revocation.".
25Revocation of Division 1 of Part 4
Division 1 of Part 4 of the Principal Regulations is revoked.
26Application of Division 1 of Part 6
(1)In regulation 81(b) of the Principal Regulations, for "Regulations; or" substitute "Regulations.".
(2)Regulation 81(c) of the Principal Regulations is revoked.
27Regulation 91A revoked
Regulation 91A of the Principal Regulations is revoked.
28Revocation of regulation 103(2)
Regulation 103(2) of the Principal Regulations is revoked.
29Regulation 117A revoked
Regulation 117A of the Principal Regulations is revoked.
30Regulation 234A revoked
Regulation 234A of the Principal Regulations is revoked.
31Regulation 240 substituted
For regulation 240 of the Principal Regulations substitute—
"240 Application of Division
This Division does not apply to the holder of an abalone fishery access licence, or a person acting on behalf of that licence holder, when carrying out any fishing activities authorised by the licence.".
32Regulation 319A revoked
Regulation 319A of the Principal Regulations is revoked.
33Regulation 323 substituted
For regulation 323 of the Principal Regulations substitute—
"323 Application of Division
This Division does not apply to the holder of a rock lobster fishery access licence, or a person acting on behalf of that licence holder, when carrying out any fishing activities authorised by the licence.".
34Catch limit for scallop
(1)In regulation 405(2)(c)(ii) of the Principal Regulations, for "Regulations; or" substitute "Regulations.".
(2)Regulation 405(2)(d) of the Principal Regulations is revoked.
35Regulation 417A substituted
For regulation 417A of the Principal Regulations substitute—
"417A Application of Division
This Division does not apply to the holder of a Sea Urchin Fishery Access Licence,
or a person acting on behalf of that licence holder, when carrying out any fishing activities authorised by the licence.".
Part 6—Amendments relating to the Victorian Fisheries Authority
36Definitions
(1)In regulation 5 of the Principal Regulations—
(a)in the definition of abalone confirmation number, for "Secretary" substitute "Victorian Fisheries Authority";
(b)in the definition of abalone docket, for "Secretary" substitute "Victorian Fisheries Authority";
(c)in the definition of abalone docket book, for "Secretary" substitute "Victorian Fisheries Authority";
(d)in the definition of abalone internet notification service, for "Secretary" substitute "Victorian Fisheries Authority";
(e)in the definition of abalone telephone notification service, for "Secretary" substitute "Victorian Fisheries Authority";
(f)in the definition of abalone transfer certificate, for "Secretary" substitute "Victorian Fisheries Authority";
(g)in the definition of abalone transfer certificate book, for "Secretary" substitute "Victorian Fisheries Authority";
(h)in the definition of aquaculture production return, for "Secretary" substitute "Victorian Fisheries Authority";
(i)in the definition of bin tag, for "Secretary" substitute "Victorian Fisheries Authority";
(j)in the definition of catch and effort record, for "Secretary" substitute "Victorian Fisheries Authority";
(k)in the definition of catch and effort record book, for "Secretary" substitute "Victorian Fisheries Authority";
(l)in the definition of commercial abalone reef code, for "Secretary" substitute "Victorian Fisheries Authority";
(m)in the definition of fisheries document, after "Secretary" insert "or the Victorian Fisheries Authority";
(n)in the definition of giant crab catch disposal record, for "Secretary" substitute "Victorian Fisheries Authority";
(o)in the definition of giant crab catch disposal record book, for "Secretary" substitute "Victorian Fisheries Authority";
(p)in the definition of giant crab confirmation number, for "Secretary" substitute "Victorian Fisheries Authority";
(q)in the definition of giant crab daily catch record, for "Secretary" substitute "Victorian Fisheries Authority";
(r)in the definition of giant crab daily catch record book, for "Secretary" substitute "Victorian Fisheries Authority";
(s)in the definition of giant crab notification service, for "Secretary" substitute "Victorian Fisheries Authority";
(t)in the definition of ocean scallop catch disposal record, for "Secretary" substitute "Victorian Fisheries Authority";
(u)in the definition of ocean scallop catch disposal record book, for "Secretary" substitute "Victorian Fisheries Authority";
(v)in the definition of place of landing, for "Secretary" substitute "Victorian Fisheries Authority";
(w)in the definition of Port Phillip Bay/Western Port catch disposal record, for "Secretary" substitute "Victorian Fisheries Authority";
(x)in the definition of Port Phillip Bay/Western Port catch disposal record book, for "Secretary" substitute "Victorian Fisheries Authority";
(y)in the definition of Port Phillip Bay/Western Port notification service, for "Secretary" (wherever occurring) substitute "Victorian Fisheries Authority";
(z)in the definition of rock lobster catch disposal record, for "Secretary" substitute "Victorian Fisheries Authority".
(2)In regulation 5 of the Principal Regulations—
(a)in the definition of rock lobster catch disposal record book, for "Secretary" substitute "Victorian Fisheries Authority";
(b)in the definition of rock lobster coff register, for "Secretary" substitute "Victorian Fisheries Authority";
(c)in the definition of rock lobster coff register book, for "Secretary" substitute "Victorian Fisheries Authority";
(d)in the definition of rock lobster confirmation number, for "Secretary" substitute "Victorian Fisheries Authority";
(e)in the definition of rock lobster daily catch record, for "Secretary" substitute "Victorian Fisheries Authority";
(f)in the definition of rock lobster daily catch record book, for "Secretary" substitute "Victorian Fisheries Authority";
(g)in the definition of rock lobster notification service, for "Secretary" substitute "Victorian Fisheries Authority";
(h)in the definition of scallop dive catch disposal record, for "Secretary" substitute "Victorian Fisheries Authority";
(i)in the definition of scallop dive catch disposal record book, for "Secretary" substitute "Victorian Fisheries Authority";
(j)in the definition of scallop dive notification service, for "Secretary" (wherever occurring) substitute "Victorian Fisheries Authority";
(k)in the definition of scallop receiver return, for "Secretary" substitute "Victorian Fisheries Authority";
(l)in the definition of scallop receiver return logbook, for "Secretary" substitute "Victorian Fisheries Authority";
(m)in the definition of sea urchin catch disposal record, for "Secretary" substitute "Victorian Fisheries Authority";
(n)in the definition of sea urchin catch disposal record book, for "Secretary" substitute "Victorian Fisheries Authority";
(o)in the definition of sea urchin notification service, for "Secretary" (wherever occurring) substitute "Victorian Fisheries Authority";
(p)in the definition of small sales return, for "Secretary" substitute "Victorian Fisheries Authority";
(q)in the definition of small sales return book, for "Secretary" substitute "Victorian Fisheries Authority";
(r)in the definition of specified abalone details, for "Secretary" substitute "Victorian Fisheries Authority";
(s)in the definition of specified giant crab details, for "Secretary" (where twice occurring) substitute "Victorian Fisheries Authority";
(t)in the definition of specified Port Phillip Bay/Western Port details, for "Secretary" (where twice occurring) substitute "Victorian Fisheries Authority";
(u)in the definition of specified rock lobster details, for "Secretary" (wherever occurring) substitute "Victorian Fisheries Authority";
(v)in the definition of specified scallop dive details, for "Secretary" (wherever occurring) substitute "Victorian Fisheries Authority";
(w)in the definition of specified sea urchin details, for "Secretary" (wherever occurring) substitute "Victorian Fisheries Authority";
(x)in the definition of trader identification number, for "Secretary" substitute "Victorian Fisheries Authority".
37Register of adjustment numbers
In regulation 22(1) and (2) of the Principal Regulations, for "Secretary" (wherever occurring) substitute "Victorian Fisheries Authority".
38Grounds on which Secretary must refuse to issue aquaculture licence
(1)In the heading to regulation 23 of the
Principal Regulations, for "Secretary"
substitute"Victorian Fisheries Authority".
(2)In regulation 23 of the Principal Regulations, for "Secretary" substitute "Victorian Fisheries Authority".
39Application to transfer commercial fishery licences
In regulation 24 of the Principal Regulations, for "Secretary" (wherever occurring) substitute "Victorian Fisheries Authority".
40Ground for refusing the transfer of access licences
In regulation 25 of the Principal Regulations—
(a)for "Secretary" substitute "Victorian Fisheries Authority";
(b)for "in his or her opinion" substitute
"in the opinion of the Victorian Fisheries Authority".
41Grounds for refusing the transfer of a Giant Crab Fishery (Western Zone) Access Licence
In regulation 26 of the Principal Regulations, for "Secretary" substitute "Victorian Fisheries Authority".
42Individual quota units not to be transferred if levy on licence has not been paid
In regulation 28 of the Principal Regulations, for "Secretary" substitute "Victorian Fisheries Authority".
43Individual abalone quota units not to be transferred if levy on quota units not paid
In regulation 29 of the Principal Regulations, for "Secretary" substitute "Victorian Fisheries Authority".
44Process for voluntary surrender of commercial fishery licence
In regulation 30(1) and (2) of the Principal Regulations, for "Secretary" substitute "Victorian Fisheries Authority".
45Process for determination of compensation payable under section 63
In regulation 31(2) and (3) of the Principal Regulations, after "Secretary" insert "or the Victorian Fisheries Authority".
46Subdivision 5—Miscellaneous duties and powers of Secretary
In the heading to Subdivision 5 of Division 2 of Part 2 of the Principal Regulations, for "Secretary" substitute "Victorian Fisheries Authority".
47Matters that may be specified by Secretary in a commercial fishery licence
(1)In the heading to regulation 33 of the
Principal Regulations, for "Secretary"
substitute"Victorian Fisheries Authority".
(2)In regulation 33 of the Principal Regulations, for "Secretary" substitute "Victorian Fisheries Authority".
(3)In the note at the foot of regulation 33 of the Principal Regulations, for "Secretary" substitute "Victorian Fisheries Authority".
48Secretary to specify licence number on Giant Crab Fishery (Western Zone) Access Licence
(1)In the heading to regulation 34 of the
Principal Regulations, for "Secretary"
substitute"Victorian Fisheries Authority".
(2)In regulation 34 of the Principal Regulations, for "Secretary" substitute "Victorian Fisheries Authority".
49Secretary to publish address for return of cancelled documents
(1)In the heading to regulation 35 of the Principal Regulations, for "Secretary"
substitute"Victorian Fisheries Authority".
(2)In regulation 35 of the Principal Regulations—
(a)for "Secretary" (where twice occurring) substitute "Victorian Fisheries Authority";
(b)for "the Department's internet site" substitute "the Victorian Fisheries Authority's Internet site".
50Secretary may give directions or authorisations relating to lost, stolen or damaged documents
(1)In the heading to regulation 36 of the Principal Regulations, for "Secretary"
substitute"Victorian Fisheries Authority".
(2)In regulation 36(1) and (2) of the Principal Regulations, for "Secretary" (wherever occurring) substitute "Victorian Fisheries Authority".
51Secretary may direct return of fisheries documents
(1)In the heading to regulation 37 of the Principal Regulations, for "Secretary"
substitute"Victorian Fisheries Authority".
(2)In regulation 37 of the Principal Regulations, for "Secretary" (wherever occurring) substitute "Victorian Fisheries Authority".
52Activities authorised by every access licence
In the note at the foot of regulation 37A of the Principal Regulations, for "Secretary" substitute "Victorian Fisheries Authority".
53Every commercial fishery licence subject to conditions in this Subdivision
In the notes at the foot of regulation 38 of the Principal Regulations, for "Secretary" (where twice occurring) substitute "Victorian Fisheries Authority".
54Errors made while completing certain fisheries documents
In regulation 41(2) and (3) of the Principal Regulations, for "Secretary" (wherever occurring) substitute "Victorian Fisheries Authority".
55Lost or destroyed fisheries documents or copies
In regulation 42(1), (2) and (3) of the Principal Regulations, for "Secretary" (wherever occurring) substitute "Victorian Fisheries Authority".
56Damaged fisheries documents and copies
In regulation 43(1), (2) and (3) of the Principal Regulations, for "Secretary" (wherever occurring) substitute "Victorian Fisheries Authority".
57Theft of fisheries documents or copies
In regulation 45(1), (3) and (4) of the Principal Regulations, for "Secretary" (wherever occurring) substitute "Victorian Fisheries Authority".
58Fisheries documents to be used in sequential numerical order
In regulation 46 of the Principal Regulations, for "Secretary" substitute "Victorian Fisheries Authority".
59Fisheries documents not to be lent, given or made available to others
In regulation 47 of the Principal Regulations, after "Secretary" (where twice occurring) insert
"or Victorian Fisheries Authority".
60Licence holder to retain all unused fisheries documents in book issued
In regulation 48 of the Principal Regulations, for "Secretary" (wherever occurring) substitute "Victorian Fisheries Authority".
61Licence holder must return unused or partly used documents
In regulation 49 of the Principal Regulations, for "Secretary" (where twice occurring) substitute "Victorian Fisheries Authority".
62Licence holder to notify of change of name, address or telephone number
In regulation 50 of the Principal Regulations, for "Secretary" substitute "Victorian Fisheries Authority".
63Fees, levies, royalties in respect of licences to be paid by due date
In regulation 53 of the Principal Regulations, for "Secretary" (where twice occurring) substitute "Victorian Fisheries Authority".
64Levies and royalties in respect of individual quota units to be paid by due date
In regulation 54 of the Principal Regulations, for "Secretary" (where twice occurring) substitute "Victorian Fisheries Authority".
65Every access licence subject to conditions in this Subdivision
In the notes at the foot of regulation 55 of the Principal Regulations, for "Secretary" (where twice occurring) substitute "Victorian Fisheries Authority".
66Completion of catch and effort records
In regulation 59(1), (3), (6) and (7) of the Principal Regulations, for "Secretary" (wherever occurring) substitute "Victorian Fisheries Authority".
67Definition
In regulation 67B of the Principal Regulations, for "Secretary" substitute "Victorian Fisheries Authority".
68Offence to fail to return unissued recreational fishery licences
In regulation 69AA(1) of the Principal Regulations, for "Secretary" (where twice occurring) substitute "Victorian Fisheries Authority".
69Registration of a boat used for fishing
In regulation 72(1) and (2) of the Principal Regulations, for "Secretary" (wherever occurring) substitute "Victorian Fisheries Authority".
70Renewal of registration of a boat
In regulation 73(1) and (2) of the Principal Regulations, for "Secretary" (wherever occurring) substitute "Victorian Fisheries Authority".
71Secretary to issue certificate of registration
(1)In the heading to regulation 74 of the
Principal Regulations, for "Secretary"
substitute"Victorian Fisheries Authority".
(2)In regulation 74 of the Principal Regulations, for "Secretary" substitute "Victorian Fisheries Authority".
72Duration of boat registration
In regulation 75(2) of the Principal Regulations, for "Secretary" substitute "Victorian Fisheries Authority".
73Transfer of registration of boat
(1)In regulation 79(1), (2) and (3) of the Principal Regulations, for "Secretary" substitute "Victorian Fisheries Authority".
(2)In regulation 79(2)(a) of the Principal Regulations, for "he or she" substitute "the Victorian Fisheries Authority".
74Offence to tag or mark fish
In regulation 100(2)(c) of the Principal Regulations, after "Secretary" insert
"or the Victorian Fisheries Authority".
75Requirements on persons receiving fish for sale
In regulation 116B(a) of the Principal Regulations, for "Secretary" substitute "Victorian Fisheries Authority".
76Bait (General) Fishery Access Licence subject to conditions in this Division
In the notes at the foot of regulation 126 of the Principal Regulations, for "Secretary" (where twice occurring) substitute "Victorian Fisheries Authority".
77Corner Inlet Fishery Access Licence subject to conditions in this Division
In the notes at the foot of regulation 130 of the Principal Regulations, for "Secretary" (where twice occurring) substitute "Victorian Fisheries Authority".
78Eel Fishery Access Licence subject to conditions in this Division
In the notes at the foot of regulation 139 of the Principal Regulations, for "Secretary" (where twice occurring) substitute "Victorian Fisheries Authority".
79Secretary to be notified of setting and removal of fyke nets
(1)In the heading to regulation 146 of the
Principal Regulations, for "Secretary"
substitute"Victorian Fisheries Authority".
(2)In regulation 146(1) and (2) of the Principal Regulations, for "Secretary" (wherever occurring) substitute "Victorian Fisheries Authority".
80Gippsland Lakes Fishery Access Licence subject to conditions in this Division
In the notes at the foot of regulation 148 of the Principal Regulations, for "Secretary" (where twice occurring) substitute "Victorian Fisheries Authority".
81Gippsland Lakes (Bait) Fishery Access Licence subject to conditions in this Division
In the notes at the foot of regulation 166 of the Principal Regulations, for "Secretary" (where twice occurring) substitute "Victorian Fisheries Authority".
82Gippsland Lakes (Mussel Dive) Fishery Access Licence subject to conditions in this Division
In the notes at the foot of regulation 171 of the Principal Regulations, for "Secretary" (where twice occurring) substitute "Victorian Fisheries Authority".
83Lake Tyers (Bait) Fishery Access Licence subject to conditions in this Division
In the notes at the foot of regulation 177 of the Principal Regulations, for "Secretary" (where twice occurring) substitute "Victorian Fisheries Authority".
84Mallacoota Lower Lake (Bait) Fishery Access Licence subject to conditions in this Division
In the notes at the foot of regulation 180 of the Principal Regulations, for "Secretary" (where twice occurring) substitute "Victorian Fisheries Authority".
85Ocean Fishery Access Licence subject to conditions in this Division
In the notes at the foot of regulation 183 of the Principal Regulations, for "Secretary" (where twice occurring) substitute "Victorian Fisheries Authority".
86Port Phillip Bay (Mussel Bait) Fishery Access Licence subject to conditions in this Division
In the notes at the foot of regulation 191 of the Principal Regulations, for "Secretary" (where twice occurring) substitute "Victorian Fisheries Authority".
87Purse Seine (Ocean) Fishery Access Licence subject to conditions in this Division
In the notes at the foot of regulation 194 of the Principal Regulations, for "Secretary" (where twice occurring) substitute "Victorian Fisheries Authority".
88Purse Seine (Port Phillip Bay) Fishery Access Licence subject to conditions in this Division
In the notes at the foot of regulation 198 of the Principal Regulations, for "Secretary" (where twice occurring) substitute "Victorian Fisheries Authority".
89Notification of intention to take fish for sale
In regulation 198A(1) and (2) of the Principal Regulations, for "Secretary" (wherever occurring) substitute "Victorian Fisheries Authority".
90Prior reporting of details before entering port or mooring area
In regulation 198B(1), (2) and (3) of the Principal Regulations, for "Secretary" substitute "Victorian Fisheries Authority".
91Fish must be landed at a specified place
In regulation 198C of the Principal Regulations, for "Secretary" (where twice occurring) substitute "Victorian Fisheries Authority".
92Boat not to enter port or mooring area and fish not to be landed before estimated time
In regulation 198D(1) and (2) of the Principal Regulations, for "Secretary" substitute "Victorian Fisheries Authority".
93Boat to enter port or mooring area and fish to be landed within one hour after estimated time
In regulation 198E(1), (2) and (3) of the Principal Regulations, for "Secretary" (wherever occurring) substitute "Victorian Fisheries Authority".
94Secretary to confirm receipt of details to licence holder
(1)In the heading to regulation 198F of the
Principal Regulations, for "Secretary"
substitute"Victorian Fisheries Authority".
(2)In regulation 198F(1), (2) and (3) of the Principal Regulations, for "Secretary" substitute "Victorian Fisheries Authority".
95Requirement to complete catch and effort record
(1)In regulation 198G(1) and (3) of the Principal Regulations, for "Secretary" substitute "Victorian Fisheries Authority".
(2)In the note at the foot of regulation 198G(3) of the Principal Regulations, for "Secretary" substitute "Victorian Fisheries Authority".
96Requirement to complete and keep catch disposal record
In regulation 198I(a) of the Principal Regulations, for "Secretary" substitute "Victorian Fisheries Authority".
97Requirements for keeping fisheries documents and copies relating to fish
In regulation 198J(1) of the Principal Regulations, for "Secretary" substitute "Victorian Fisheries Authority".
98Annual catch limit and prohibitions on fishing when annual catch limit has been reached
In regulation 201A(3) of the Principal Regulations—
(a)in the definition of relevant catch period, for "Secretary" substitute "Victorian Fisheries Authority";
(b)for the definition of records held by the Secretary substitute—
"records held by the Victorian Fisheries Authority means the record of catch history as recorded in the Integrated Catch and Effort System maintained by the Victorian Fisheries Authority.".
99Snowy River (Bait) Fishery Access Licence subject to conditions in this Division
In the notes at the foot of regulation 203 of the Principal Regulations, for "Secretary" (where twice occurring) substitute "Victorian Fisheries Authority".
100Sydenham Inlet (Bait) Fishery Access Licence subject to conditions in this Division
In the notes at the foot of regulation 206 of the Principal Regulations, for "Secretary" (where twice occurring) substitute "Victorian Fisheries Authority".
101Trawl (Inshore) Fishery Access Licence subject to conditions in this Division
In the notes at the foot of regulation 209 of the Principal Regulations, for "Secretary" (where twice occurring) substitute "Victorian Fisheries Authority".
102Catch limit for bug
In regulation 212 of the Principal Regulations, for "Secretary" substitute "Victorian Fisheries Authority".
103Western Port/Port Phillip Bay Fishery Access Licence subject to conditions in this Division
In the notes at the foot of regulation 219 of the Principal Regulations, for "Secretary" (where twice occurring) substitute "Victorian Fisheries Authority".
104Notification of intention to take fish for sale
In regulation 219A(1) and (2) of the Principal Regulations, for "Secretary" (wherever occurring) substitute "Victorian Fisheries Authority".
105Prior reporting of details before entering port or mooring area
In regulation 219B(1), (2) and (3) of the Principal Regulations, for "Secretary" substitute "Victorian Fisheries Authority".
106Fish must be landed at a specified place
In regulation 219C of the Principal Regulations, for "Secretary" (where twice occurring) substitute "Victorian Fisheries Authority".
107Boat not to enter port or mooring area and fish not to be landed before estimated time
In regulation 219D(1) and (2) of the Principal Regulations, for "Secretary" substitute "Victorian Fisheries Authority".
108Boat to enter port or mooring area and fish to be landed within one hour after estimated time
In regulation 219E(1), (2) and (3) of the Principal Regulations, for "Secretary" (wherever occurring) substitute "Victorian Fisheries Authority".
109Secretary to confirm receipt of details to licence holder
(1)In the heading to regulation 219F of the
Principal Regulations, for "Secretary"
substitute"Victorian Fisheries Authority".
(2)In regulation 219F(1), (2) and (3) of the Principal Regulations, for "Secretary" substitute "Victorian Fisheries Authority".
110Requirement to complete catch and effort record
(1)In regulation 219G(1) and (3) of the Principal Regulations, for "Secretary" substitute "Victorian Fisheries Authority".
(2)In the note at the foot of regulation 219G of the Principal Regulations, for "Secretary" substitute "Victorian Fisheries Authority".
111Requirement to complete and keep catch disposal record
In regulation 219I(a) of the Principal Regulations, for "Secretary" substitute "Victorian Fisheries Authority".
112Requirements for keeping fisheries documents and copies relating to fish
In regulation 219J(1) of the Principal Regulations, for "Secretary" substitute "Victorian Fisheries Authority".
113Annual catch limit and prohibitions on fishing when annual catch limit has been reached
In regulation 219K(3) of the Principal Regulations—
(a)in the definition of relevant catch period, for "Secretary" substitute "Victorian Fisheries Authority";
(b)for the definition of records held by the Secretary substitute—
"records held by the Victorian Fisheries Authority means the record of catch history as recorded in the Integrated Catch and Effort System maintained by the Victorian Fisheries Authority.".
114Wrasse (Ocean) Fishery Access Licence subject to conditions in this Division
In the notes at the foot of regulation 233 of the Principal Regulations, for "Secretary" (where twice occurring) substitute "Victorian Fisheries Authority".
115Offence to remove abalone from its packaging
In regulation 245(2), (3) and (4) of the Principal Regulations, for "Secretary" (wherever occurring) substitute "Victorian Fisheries Authority".
116Abalone fishery access licences subject to conditions in this Division
In the notes at the foot of regulation 249 of the Principal Regulations, for "Secretary" (where twice occurring) substitute "Victorian Fisheries Authority".
117Notification of specified abalone details to Secretary
(1)In the heading to regulation 263 of the
Principal Regulations, for "Secretary"
substitute"the Victorian Fisheries Authority".
(2)In regulation 263(1) of the Principal Regulations, for "Secretary" (wherever occurring) substitute "Victorian Fisheries Authority".
118Duplicate and triplicate abalone docket to be affixed to bin
In regulation 264(a) of the Principal Regulations, for "Secretary" substitute "Victorian Fisheries Authority".
119Submission of original abalone docket to Secretary
(1)In the heading to regulation 267 of the
Principal Regulations, for "Secretary"
substitute"the Victorian Fisheries Authority".
(2)In regulation 267 of the Principal Regulations, for "Secretary" substitute "Victorian Fisheries Authority".
120Fish Receivers' (Abalone) Licence subject to conditions in Subdivisions 2, 3, 4, 5, 6 and 7
In the notes at the foot of regulation 270 of the Principal Regulations, for "Secretary" (where twice occurring) substitute "Victorian Fisheries Authority".
121Stock record to be provided to Secretary on request
(1)In the heading to regulation 273 of the
Principal Regulations, for "Secretary"
substitute"the Victorian Fisheries Authority".
(2)In regulation 273 of the Principal Regulations, for "Secretary" (where twice occurring) substitute "Victorian Fisheries Authority".
122Abalone sold and possessed not to exceed recorded amounts
In regulation 274(a) of the Principal Regulations, for "Secretary" substitute "Victorian Fisheries Authority".
123Bins of abalone that are not properly sealed
In regulation 279(a) of the Principal Regulations, for "Secretary" substitute "Victorian Fisheries Authority".
124Incomplete or incorrect dockets
In regulation 280 of the Principal Regulations, for "Secretary" substitute "Victorian Fisheries Authority".
125Weighing and notification of specified abalone details to Secretary
(1)In the heading to regulation 281 of the
Principal Regulations, for "Secretary"
substitute"the Victorian Fisheries Authority".
(2)In regulation 281 of the Principal Regulations, for "Secretary" (wherever occurring) substitute "Victorian Fisheries Authority".
126Copies of abalone docket
In regulation 283(1) of the Principal Regulations, for "Secretary" substitute "Victorian Fisheries Authority".
127Secretary to be notified of incorrect abalone transfer certificate
(1)In the heading to regulation 285 of the
Principal Regulations, for "Secretary"
substitute"Victorian Fisheries Authority".
In regulation 417M(1) of the Principal Regulations, for "Secretary" substitute
"Victorian Fisheries Authority".
206Location of sea urchin catch disposal record book to be notified
In regulation 417N of the Principal Regulations, for "Secretary" substitute "Victorian Fisheries Authority".
207Secretary to notify licence holder of internet application to be used
(1)In the heading to regulation 417R of the
Principal Regulations, for "Secretary"
substitute"Victorian Fisheries Authority".
(2)In regulation 417R of the Principal Regulations, for "Secretary" (wherever occurring) substitute "Victorian Fisheries Authority".
208Every aquaculture licence subject to conditions in this Division
In the notes at the foot of regulation 435 of the Principal Regulations, for "Secretary" (where twice occurring) substitute "Victorian Fisheries Authority".
209Completion of aquaculture production return
In regulation 437(2) and (3) of the Principal Regulations, for "Secretary" (wherever occurring) substitute "Victorian Fisheries Authority".
210Aquaculture licences relating to abalone subject to additional conditions in this Division
In the notes at the foot of regulation 441 of the Principal Regulations, for "Secretary" (where twice occurring) substitute "Victorian Fisheries Authority".
211Crown land aquaculture licence subject to additional conditions in this Division
In the notes at the foot of regulation 446 of the Principal Regulations, for "Secretary" (where twice occurring) substitute "Victorian Fisheries Authority".
212Additional condition on Aquaculture (Private Land—Indoor Intensive) Licence
In the notes at the foot of regulation 450 of the Principal Regulations, for "Secretary" (where twice occurring) substitute "Victorian Fisheries Authority".
213Additional condition on Aquaculture (Private Land—Tourism) Licence
In the notes at the foot of regulation 451 of the Principal Regulations, for "Secretary" (where twice occurring) substitute "Victorian Fisheries Authority".
214Exemption from offence in Act relating to stocking fish into protected waters
In regulation 453(1), (2), (3), (3A), (4)
and (5) of the Principal Regulations, for "Secretary" (wherever occurring) substitute "Victorian Fisheries Authority".
215Secretary's obligations in relation to aquaculture production returns
(1)For the heading to regulation 454 of the Principal Regulations substitute "Obligations of Victorian Fisheries Authority regarding aquaculture production returns".
(2)In regulation 454(1) and (2) of the Principal Regulations, for "Secretary" (wherever occurring) substitute "Victorian Fisheries Authority".
216Secretary may exempt licence holder from licence condition
(1)In the heading to regulation 460 of the
Principal Regulations, for "Secretary"
substitute"Victorian Fisheries Authority".
(2)In regulation 460(1), (2), (3), (4) and (5) of the Principal Regulations, for "Secretary" (wherever occurring) substitute "Victorian Fisheries Authority".
217Vessel monitoring system installed on boat
In regulation 468 of the Principal Regulations, for "Secretary" substitute "Victorian Fisheries Authority".
218Secretary to be notified of installation of vessel monitoring system
(1)In the heading to regulation 469 of the
Principal Regulations, for "Secretary"
substitute"Victorian Fisheries Authority".
(2)In regulation 469 of the Principal Regulations, for "Secretary" (where twice occurring) substitute "Victorian Fisheries Authority".
219Contact person on land to be nominated by responsible person
In regulation 470(1) and (2) of the Principal Regulations, for "Secretary" substitute "Victorian Fisheries Authority".
220Secretary to be notified of person to communicate with Secretary and boat
(1)For the heading to regulation 471 of the Principal Regulations substitute "Victorian Fisheries Authority to be notified of details relating to person nominated under regulation 470".
(2)In regulation 471 of the Principal Regulations, for "Secretary" substitute "Victorian Fisheries Authority".
221Boat not to be moved until notification that vessel monitoring system operating correctly
In regulation 472 of the Principal Regulations, for "Secretary" substitute "Victorian Fisheries Authority".
222Fishing not to be carried out from boat with non‑operational system
(1)In regulation 474(1), (2) and (3) of the Principal Regulations, for "Secretary" (wherever occurring) substitute "Victorian Fisheries Authority".
(2)In regulation 474(2) of the Principal Regulations, for "he or she" substitute "the Victorian Fisheries Authority".
223If required by Secretary password must be used
(1)In the heading to regulation 475 of the
Principal Regulations, for "Secretary"
substitute"the Victorian Fisheries Authority".
(2)In regulation 475 of the Principal Regulations, for "Secretary" (where twice occurring) substitute "Victorian Fisheries Authority".
224Sealing of vessel monitoring system to be arranged
In regulation 476 of the Principal Regulations, for "Secretary" (where twice occurring) substitute "Victorian Fisheries Authority".
225Inspection of vessel monitoring system to be allowed
In regulation 477 of the Principal Regulations, for "Secretary" (where twice occurring) substitute "Victorian Fisheries Authority".
226Secretary may require password for, or inspection or sealing of, vessel monitoring system
(1)In the heading to regulation 478 of the
Principal Regulations, for "Secretary" substitute "Victorian Fisheries Authority".
(2)In regulation 478 of the Principal Regulations, for "Secretary" (wherever occurring) substitute "Victorian Fisheries Authority".
227Offences to interfere with vessel monitoring system
In regulation 479(2) of the Principal Regulations, for "Secretary" substitute "Victorian Fisheries Authority".
228Secretary may approve documents, things and equipment
(1)In the heading to regulation 481 of the Principal Regulations, after "Secretary" insert "or Victorian Fisheries Authority".
(2)In regulation 481 of the Principal Regulations, after "Secretary" insert "or the Victorian Fisheries Authority".
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Endnotes
[1] Reg. 4: S.R. No. 2/2009. Reprint No. 1 as at 11 October 2013. Reprinted to S.R. No. 18/2013. Subsequently amended by S.R. Nos 168/2013, 5/2014, 96/2014, 10/2016, 71/2016 and 95/2016.
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