Untitled document

Conservation, Forests and Lands (Infringement Notice) (Fisheries) Regulations 2004

S.R. No. 11/2004

TABLE OF PROVISIONS

Regulation  Page

1.Objective

2.Authorising provision

3.Amendments to Schedule 2

4.Statute law revision

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ENDNOTES

STATUTORY RULES 2004

S.R. No. 11/2004

Conservation, Forests and Lands Act 1987

Conservation, Forests and Lands (Infringement Notice) (Fisheries) Regulations 2004

The Governor in Council makes the following Regulations:

Dated: 3 February 2004

Responsible Minister:

BOB CAMERON
Minister for Agriculture

STEPHANIE LENN

Acting Clerk of the Executive Council

1.Objective

The objective of these Regulations is to amend Schedule 2 to the Conservation, Forests and Lands (Infringement Notice) Regulations 2002 to—

(a)revoke and amend certain prescribed offences against the Fisheries Act 1995 for which an infringement notice may be served as a consequence of amendments made to the Fisheries Act 1995; and

(b)prescribe further offences against the Fisheries Act 1995 for which an infringement notice may be served; and

(c)prescribe penalties for those prescribed offences.

2.Authorising provision

These Regulations are made under section 99 of the Conservation, Forests and Lands Act 1987.

3.Amendments to Schedule 2

(1)Item 3 of Schedule 2 to the Conservation, Forests and Lands (Infringement Notice) Regulations 2002[1] is revoked.

(2)For item 4 of Schedule 2 to the Conservation, Forests and Lands (Infringement Notice) Regulations 2002 substitute—

"4 6762 An offence under section 44(1)(c) of the Fisheries Act 1995 $100 take or attempt to take fish from marine waters without authority".

(3)After item 19 of Schedule 2 to the Conservation, Forests and Lands (Infringement Notice) Regulations 2002 insert—

"19A	6741	An offence under section 68B(1)(a) of the Fisheries Act 1995	$150	as a person who is not otherwise permitted or authorised under the Fisheries Act 1995, possess fish taken in waters of the Commonwealth or a State or Territory of the Commonwealth other than Victoria that are less than the minimum size, or that are more than the maximum size, specified for that species of fish under a law of the Commonwealth or that State or Territory that corresponds to the Fisheries Act 1995 or, if there is no minimum or maximum size in that corresponding law, the specified size that would apply if the fish had been taken in Victorian waters
19B	6742	An offence under section 68B(1)(b) of the Fisheries Act 1995, other than an offence to which paragraph (a) of the penalty at the foot of sub-section (1) of that section applies	$150	as a person who is not otherwise permitted or authorised under the Fisheries Act 1995, possess fish taken in waters of the Commonwealth or a State or Territory of the Commonwealth other than Victoria that are more than the catch limit for that species of fish under a law of the Commonwealth or that State or Territory that corresponds to the Fisheries Act 1995 or, if there is no maximum catch limit for that species of fish in that corresponding law, the maximum catch limit for that species of fish that would apply if the fish had been taken in Victorian waters

19C	6743	An offence under section 99(1) of the Fisheries Act 1995	$100	as a person who receives any fish that is a priority species for the purposes of sale, whether by wholesale or retail, fail to keep a document showing the name and address of the person from whom the fish was received, the species and quantity of the fish received from that person and the date the fish was received
19D	6744	An offence under section 99(2) of the Fisheries Act 1995	$100	as a person who is required to keep a document under section 99(1) of the Fisheries Act 1995, fail to produce the document for inspection on demand by an authorised officer or member of the police force
19E	6745	An offence under section 100 of the Fisheries Act 1995	$100	fail to keep any document that is required to be kept by the Fisheries Act 1995 for a period of 3 years from the date on which the document is created or received".

4.Statute law revision

In Schedule 2 to the Conservation, Forests and Lands (Infringement Notice) Regulations 2002—

(a)in item 2, for "section 44(a)" substitute "section 44(1)(a)";

(b)in item 5, for "section 44(d)" substitute "section 44(1)(d)".

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ENDNOTES

[1] Reg. 3(1): S.R. No. 48/2002.  Subsequently amended by S.R. Nos 17/2003 and 122/2003.