Fisheries and Fisheries (Fees, Royalties and Levies) Further Amendment Regulations 2013
Authorised by the Chief Parliamentary Counsel
Authorised Version
i
Fisheries and Fisheries (Fees, Royalties and Levies)
Further Amendment Regulations 2013
S.R. No. 168/2013
TABLE OF PROVISIONS
Regulation Page
PART 1—PRELIMINARY 1
1 Objectives 1
2 Authorising provisions 2
3 Commencement 2
4 Principal Regulations 2
PART 2—COMMERCIAL DIVE FISHERY FOR SCALLOP IN
PORT PHILLIP BAY 3
5 Definitions 3
6 Classes of access licence 7
7 Classes of commercial fishery licences that are transferable 8
8 Classes of commercial fishery licence that may be held by a
corporation 8
9 Classes of access licence where services of other person used 8
10 Errors made while completing certain fisheries documents 8
11 Completion of catch and effort records 9
12 Heading to Division 1 of Part 11 substituted 9
13 New regulation 404A inserted 9
404A Minimum size for scallop 9
14 Catch limit for scallop 10
15 New Divisions 3A, 3B and 3C inserted in Part 11 10
Division 3A—Activities authorised under a Scallop Dive
(Port Phillip Bay) Fishery Access Licence 10
413A Authorised activities 10
Division 3B—Conditions of Scallop Dive (Port Phillip Bay)
Fishery Access Licence 11
413B Scallop Dive (Port Phillip Bay) Fishery Access
Licence subject to conditions in this Division 11
413C Instrument to measure scallop to be carried 11
413D Notification of intention to take scallop for sale 12
-- 1 of 49 --
Regulation Page
ii
Authorised by the Chief Parliamentary Counsel
413E Prior reporting of scallop details before entering port
or mooring 12
413F Scallop must be landed at a specified place 13
413G Boat not to enter port or mooring area and scallop not
to be landed before estimated time 14
413H Boat to enter port or mooring area and scallop to be
landed within one hour after estimated time 14
413I Scallop to be weighed after landing and information
given to the Secretary 15
413J Scallop not to be moved before catch disposal record
completed 16
413K Secretary to give scallop dive confirmation number
to licence holder 16
413L Requirements for keeping fisheries documents and
copies relating to scallop dive 17
413M Location of scallop dive catch disposal record book
to be notified 17
413N Scallop commercial fishing management zones 18
413O Recreational fishing not permitted from boat used
for taking scallop 18
413P Shucked scallop not to be on boat or landed from
boat 18
413Q Scallop not to be transferred at sea from boat to boat 18
413R Transfer to licence holder of scallop taken by other
persons prohibited in Victorian waters 18
413S Possession of recreationally caught scallop at
commercial premises prohibited 19
413T Possession of commercial fishing equipment or
scallops prohibited in a scallop commercial fishing
exclusion zone 19
413U Underwater breathing apparatus not to be used in
certain parts of Port Phillip Bay 19
413V Vessel monitoring system 20
413W Licence holder to maintain internet access 21
413X Submission of annual report 21
Division 3C—Other matters relating to scallop 22
413Y Secretary to notify licence holder of internet
application to be used 22
413Z Required form of documentation for sale of scallop
(scallop receipt) 23
413ZA Documentation requirement for possession of scallop 24
16 Receipt of scallop 24
17 Amendment to Schedule 4—Definitions of fisheries 24
18 Amendment to Schedule 5—Base number of licences for
purposes of calculating maximum number of licences 25
19 Amendment to Schedule 14—Designated licence conditions 25
-- 2 of 49 --
Regulation Page
iii
Authorised by the Chief Parliamentary Counsel
20 New Schedule 20 inserted—Scallop Dive (Port Phillip Bay)
Fishery Access Licence 26
SCHEDULE 20—Scallop Dive (Port Phillip Bay) Fishery
Access Licence Management Zones,
Exclusion Zones and Ports and Mooring
Areas 26
PART 1—SCALLOP COMMERCIAL FISHING
MANAGEMENT ZONES 26
PART 2—SCALLOP COMMERCIAL FISHING
EXCLUSION ZONES 27
PART 3—PORTS AND MOORING AREAS 28
PART 3—OTHER AMENDMENTS TO THE FISHERIES
REGULATIONS 2009 29
21 Definitions 29
22 Fishing equipment 30
23 Process for determination of compensation 30
24 Exemption from requirement to hold recreational fishing
licence 30
25 New Division 1 inserted in Part 4 31
Division 1—Traditional owner recognition permit 31
69A Creation of category of traditional owner recognition
permit 31
69B Activities authorised by traditional owner recognition
permit 31
69C Conditions of traditional owner recognition permit 32
69D Issue of traditional owner recognition permit 32
69E Offence to fail to comply with permit condition 33
26 New Division headings inserted in Part 4 33
27 Application of Division 1 of Part 6 34
28 Use and possession of recreational hoop nets or open top lift
nets 34
29 Tagging of nets 35
30 New regulation 91A inserted 35
91A Application of Division 35
31 Offence to possess dusky flathead other than whole or in the
form of a carcass 35
32 Offence to take or possess certain fish in berry 35
33 Application of Division 3 of Part 6 36
34 New regulation 117A inserted 36
117A Application of Division 36
35 Minimum size of fish taken 36
36 Catch limits 37
-- 3 of 49 --
Regulation Page
iv
Authorised by the Chief Parliamentary Counsel
37 Certain commercial fishing equipment prohibited 37
38 Restrictions on use and possession of commercial fishing
equipment 37
39 Revocation of regulation 216—Commonwealth fishing
concession restriction 37
40 New regulation 234A inserted 37
234A Application of Division 37
41 Regulation 240 substituted 38
240 Application of Division 38
42 Catch limit for abalone 38
43 New regulation 319A inserted 38
319A Application of Division 38
44 Regulation 323 substituted 39
323 Application of Division 39
45 Catch limit for scallop 39
46 Exemption relating to stocking fish 39
47 Exemption relating to yabby pots 40
48 New regulation 459A inserted 41
459A Exemption relating to receipt of scallop for sale 41
49 Persons to whom confidential information may be given 42
50 Details for aquaculture production return 43
51 Schedule 3—Ports and mooring areas at which abalone may
be landed 43
52 Revocation of Schedule 10 43
53 Schedule 13—Ports and mooring areas at which rock lobster
and giant crab may be landed 43
PART 4—AMENDMENT OF THE FISHERIES (FEES,
ROYALTIES AND LEVIES) REGULATIONS 2008 44
54 Principal Regulations 44
55 Levies on access licences 44
56 Application and transfer fees for commercial fishery access
licences 44
57 Levies for access licences 44
═══════════════
ENDNOTES 45
-- 4 of 49 --
Authorised by the Chief Parliamentary Counsel
Authorised Version
1
STATUTORY RULES 2013
S.R. No. 168/2013
Fisheries Act 1995
Fisheries and Fisheries (Fees, Royalties and Levies)
Further Amendment Regulations 2013
The Governor in Council makes the following Regulations:
Dated: 17 December 2013
Responsible Minister:
PETER WALSH
Minister for Agriculture and Food Security
YVETTE CARISBROOKE
Clerk of the Executive Council
PART 1—PRELIMINARY
1 Objectives
The objectives of these Regulations are—
(a) to amend the Fisheries Regulations 2009—
(i) to provide for a commercial dive
fishery for scallop in Port Phillip Bay;
and
(ii) to provide for the issue of a permit to a
traditional owner group entity with
which a natural resource agreement
within the meaning of the Traditional
Owner Settlement Act 2010 is in force
authorising fishing in accordance with
the permit; and
-- 5 of 49 --
Part 1—Preliminary
Fisheries and Fisheries (Fees, Royalties and Levies) Further Amendment
Regulations 2013
S.R. No. 168/2013
2
Authorised by the Chief Parliamentary Counsel
(iii) to provide for an exemption in certain
circumstances for a member of a
traditional owner group from the
requirement to hold a recreational
fishing licence; and
(iv) to insert new offences, prohibitions,
restrictions and exemptions relating to
fishing activities; and
(v) to make miscellaneous amendments to
those Regulations; and
(b) to make consequential amendments to the
Fisheries (Fees, Royalties and Levies)
Regulations 2008.
2 Authorising provisions
These Regulations are made under section 153 of
the Fisheries Act 1995.
3 Commencement
(1) These Regulations (except Part 4) come into
operation on 18 December 2013.
(2) Part 4 comes into operation on 1 April 2014.
4 Principal Regulations
In Parts 2 and 3, the Fisheries Regulations 20091
are called the Principal Regulations.
__________________
r. 2
-- 6 of 49 --
Part 2—Commercial Dive Fishery for Scallop in Port Phillip Bay
Fisheries and Fisheries (Fees, Royalties and Levies) Further Amendment
Regulations 2013
S.R. No. 168/2013
3
Authorised by the Chief Parliamentary Counsel
PART 2—COMMERCIAL DIVE FISHERY FOR SCALLOP IN
PORT PHILLIP BAY
5 Definitions
(1) In regulation 5 of the Principal Regulations insert
the following definitions—
"doughboy scallop means the aquatic mollusc of
the species Chlamys asperrimus;
scallop means the aquatic mollusc of the species
Pecten fumatus or Chlamys asperrimus;
scallop commercial fishing exclusion zone means
an area shown hatched on a plan in Part 2 of
Schedule 20;
scallop commercial fishing management zone
means any of the zones numbered 1 to 6
shown on the plan in Part 1 of Schedule 20;
scallop dive catch disposal record means an
individually numbered record in the form
approved by the Secretary that is used to
record information in relation to the
movement of scallop from the place of
scallop landing by the holder of a Scallop
Dive (Port Phillip Bay) Fishery Access
Licence as required under Division 3B of
Part 11;
scallop dive catch disposal record book means a
book containing scallop dive catch disposal
records issued by the Secretary to the holder
of a Scallop Dive (Port Phillip Bay) Fishery
Access Licence;
r. 5
-- 7 of 49 --
Part 2—Commercial Dive Fishery for Scallop in Port Phillip Bay
Fisheries and Fisheries (Fees, Royalties and Levies) Further Amendment
Regulations 2013
S.R. No. 168/2013
4
Authorised by the Chief Parliamentary Counsel
scallop dive notification service means the
internet application through which the holder
of a Scallop Dive (Port Phillip) Fishery
Access Licence may notify specified scallop
dive details and scallop dive daily catch and
effort records to the Secretary and includes
any automated response system which
captures the information notified;
scallop receipt means a receipt issued in respect
of the sale of scallop by a person selling the
scallop that contains the details required to
be contained in the receipt referred to in
regulation 413Z in respect of that scallop;
specified scallop dive details means—
(a) for the purposes of regulation 413D, the
following details—
(i) the number allocated by the
Secretary to identify the Scallop
Dive (Port Phillip Bay) Fishery
Access Licence;
(ii) the registration number of the
boat;
(iii) the port or mooring area specified
in Part 3 of Schedule 20 from
which the boat will leave;
(iv) the estimated date and time at
which the boat will leave the port
or mooring;
(v) the number of persons on the boat
who will dive for scallop;
(vi) the scallop commercial fishing
management zone in which
fishing is to take place;
r. 5
-- 8 of 49 --
Part 2—Commercial Dive Fishery for Scallop in Port Phillip Bay
Fisheries and Fisheries (Fees, Royalties and Levies) Further Amendment
Regulations 2013
S.R. No. 168/2013
5
Authorised by the Chief Parliamentary Counsel
(b) for the purposes of regulation 413E, the
following details—
(i) the number allocated by the
Secretary to identify the Scallop
Dive (Port Phillip Bay) Fishery
Access Licence;
(ii) the port or mooring area specified
in Part 3 of Schedule 20 that the
boat will enter;
(iii) the date and estimated time at
which the boat will enter the port
or mooring area;
(iv) if scallop are to be landed, the date
and estimated time at which
landing of the scallop will
commence;
(v) the estimated weight of scallop to
be landed;
(c) for the purposes of regulation 413I, the
following details—
(i) the number allocated by the
Secretary to identify the Scallop
Dive (Port Phillip Bay) Fishery
Access Licence;
(ii) the total net weight (in kilograms)
of unshucked scallop landed under
the licence;
(iii) the scallop dive confirmation
number provided to the licence
holder when the specified scallop
details in paragraph (b) were
provided;
(iv) the estimated date and time when
the scallop are to be moved from
the place of landing;".
r. 5
-- 9 of 49 --
Part 2—Commercial Dive Fishery for Scallop in Port Phillip Bay
Fisheries and Fisheries (Fees, Royalties and Levies) Further Amendment
Regulations 2013
S.R. No. 168/2013
6
Authorised by the Chief Parliamentary Counsel
(2) In regulation 5 of the Principal Regulations—
(a) in paragraph (a) of the definition of catch
and effort record book for "or a Scallop
(Ocean) Fishery Access Licence)" substitute
", a Scallop (Ocean) Fishery Access Licence
or a Scallop Dive (Port Phillip Bay) Fishery
Access Licence)";
(b) for the definition of fisheries document
substitute—
"fisheries document means—
(a) any of the following documents—
(i) an abalone docket, abalone
docket book, abalone
transfer certificate or abalone
transfer certificate book;
(ii) an aquaculture incoming
stock record or aquaculture
production return;
(iii) a bin tag, book of account,
catch and effort record, catch
and effort record book or
coff register book;
(iv) a giant crab catch disposal
record, giant crab catch
disposal record book, giant
crab daily catch record or
giant crab daily catch record
book;
(v) an ocean scallop catch
disposal record or an ocean
scallop catch disposal record
book;
r. 5
-- 10 of 49 --
Part 2—Commercial Dive Fishery for Scallop in Port Phillip Bay
Fisheries and Fisheries (Fees, Royalties and Levies) Further Amendment
Regulations 2013
S.R. No. 168/2013
7
Authorised by the Chief Parliamentary Counsel
(vi) a rock lobster catch disposal
record, rock lobster catch
disposal record book, rock
lobster coff register, rock
lobster daily catch record or
rock lobster daily catch
record book;
(vii) a scallop dive catch disposal
record or scallop dive catch
disposal record book;
(viii) a scallop receivers return
logbook;
(ix) a small sales return, small
sales return book or a stock
record; and
(b) any other document required to be
completed, kept or maintained
under the Act or the regulations
under the Act; and
(c) any other document issued by the
Secretary under the Act or the
regulations under the Act—
but does not include a copy of any
document referred to in paragraph (a),
(b) or (c);";
(c) the definition of ocean scallop logbook is
revoked.
6 Classes of access licence
After regulation 12(s) of the Principal Regulations
insert—
"(sa) Scallop Dive (Port Phillip Bay) Fishery
Access Licence;".
r. 6
-- 11 of 49 --
Part 2—Commercial Dive Fishery for Scallop in Port Phillip Bay
Fisheries and Fisheries (Fees, Royalties and Levies) Further Amendment
Regulations 2013
S.R. No. 168/2013
8
Authorised by the Chief Parliamentary Counsel
7 Classes of commercial fishery licences that are
transferable
After regulation 15(1)(l) of the Principal
Regulations insert—
"(la) Scallop Dive (Port Phillip Bay) Fishery
Access Licence;".
8 Classes of commercial fishery licence that may be
held by a corporation
After regulation 16(1)(m) of the Principal
Regulations insert—
"(ma) Scallop Dive (Port Phillip Bay) Fishery
Access Licence;".
9 Classes of access licence where services of other
person used
After regulation 18(2)(p) of the Principal
Regulations insert—
"(pa) Scallop Dive (Port Phillip Bay) Fishery
Access Licence;".
10 Errors made while completing certain fisheries
documents
In regulation 41 of the Principal Regulations—
(a) in subregulation (1), after "ocean scallop
catch disposal record," insert "a scallop dive
catch disposal record,";
(b) after subregulation (2)(c) insert—
"(ca) in the case of a cancelled scallop dive
catch disposal record, the original and
the duplicate copy of the cancelled
record are retained in the relevant
record book; and".
r. 7
-- 12 of 49 --
Part 2—Commercial Dive Fishery for Scallop in Port Phillip Bay
Fisheries and Fisheries (Fees, Royalties and Levies) Further Amendment
Regulations 2013
S.R. No. 168/2013
9
Authorised by the Chief Parliamentary Counsel
11 Completion of catch and effort records
For regulation 59(8) of the Principal Regulations
substitute—
"(8) This regulation does not apply to the holder
of an abalone fishery access licence, a rock
lobster fishery access licence, a Giant Crab
Fishery (Western Zone) Access Licence or a
Scallop Dive (Port Phillip Bay) Access
Licence when operating under any of those
licences.".
12 Heading to Division 1 of Part 11 substituted
For the heading to Division 1 of Part 11 of the
Principal Regulations substitute—
"Division 1—Minimum size and catch limits for
scallop".
13 New regulation 404A inserted
In Division 1 of Part 11, before regulation 405 of
the Principal Regulations insert—
"404A Minimum size for scallop
For the purposes of the Act, the minimum
size for scallop, other than doughboy scallop,
taken under a Scallop Dive (Port Phillip Bay)
Fishery Access Licence is 90 millimetres
when measured in a straight line at the
widest point across the shell.
Note
There are offences in sections 68A and 68B of the Act
relating to taking or possessing fish that are less than the
minimum size specified for that species of fish in these
Regulations. Various penalties apply.".
r. 11
-- 13 of 49 --
Part 2—Commercial Dive Fishery for Scallop in Port Phillip Bay
Fisheries and Fisheries (Fees, Royalties and Levies) Further Amendment
Regulations 2013
S.R. No. 168/2013
10
Authorised by the Chief Parliamentary Counsel
14 Catch limit for scallop
In regulation 405(2)(a)(i) of the Principal
Regulations, after "Licence" insert "or a Scallop
Dive (Port Phillip Bay) Fishery Access Licence".
15 New Divisions 3A, 3B and 3C inserted in Part 11
After Division 3 of Part 11 of the Principal
Regulations insert—
"Division 3A—Activities authorised under a
Scallop Dive (Port Phillip Bay) Fishery Access
Licence
413A Authorised activities
A Scallop Dive (Port Phillip Bay) Fishery
Access Licence authorises the licence holder
to carry out the following activities in Port
Phillip Bay—
(a) to take scallop by hand for sale (other
than in waters that are within a marine
national park, a marine sanctuary or a
fisheries reserve);
(b) in connection with the taking of scallop
by hand, to use underwater breathing
apparatus and any other equipment
approved by the Secretary (other than
in waters that are within a marine
national park, a marine sanctuary or a
fisheries reserve);
(c) to engage one or more persons in
accordance with section 39(2) of the
Act to carry out any activity authorised
by the licence;
(d) to process scallop taken under the
licence.
r. 14
-- 14 of 49 --
Part 2—Commercial Dive Fishery for Scallop in Port Phillip Bay
Fisheries and Fisheries (Fees, Royalties and Levies) Further Amendment
Regulations 2013
S.R. No. 168/2013
11
Authorised by the Chief Parliamentary Counsel
Division 3B—Conditions of Scallop Dive (Port
Phillip Bay) Fishery Access Licence
413B Scallop Dive (Port Phillip Bay) Fishery
Access Licence subject to conditions in
this Division
For the purposes of section 52(1)(b) of the
Act, this Division sets out the conditions to
which every Scallop Dive (Port Phillip Bay)
Fishery Access Licence is subject.
Notes
1 In addition to the conditions set out in this Division,
every Scallop Dive (Port Phillip Bay) Fishery Access
Licence is subject to—
(a) any condition expressed or referred to in the
licence by the Secretary under section 52(1)(a)
of the Act; and
(b) the conditions applying to that class of licence
set out in Division 3 of Part 2 of these
Regulations.
2 Under section 53 of the Act, the holder of a licence or a
person who does a thing on behalf of a licence holder,
must comply with any condition to which the licence is
subject. A failure to comply may attract a maximum
penalty of 50 penalty units and, in the case of an
offence involving a priority species or breach of a
designated licence condition, a maximum penalty of
100 penalty units or 6 months imprisonment or both.
3 Under regulation 460, the holder of a licence may
apply to the Secretary for an exemption from a
specified condition of the licence.
413C Instrument to measure scallop to be
carried
The licence holder must ensure that an
instrument to facilitate the accurate
measurement of scallop is carried on each
boat used under the licence at all times while
fishing activities are carried out under the
licence.
r. 15
-- 15 of 49 --
Part 2—Commercial Dive Fishery for Scallop in Port Phillip Bay
Fisheries and Fisheries (Fees, Royalties and Levies) Further Amendment
Regulations 2013
S.R. No. 168/2013
12
Authorised by the Chief Parliamentary Counsel
413D Notification of intention to take scallop for
sale
(1) Subject to subregulation (2), the licence
holder must give to the Secretary, via the
scallop dive notification service, the details
set out in paragraph (a) of the definition of
specified scallop dive details at least
30 minutes before a boat to be used for the
purposes of taking scallop by hand for sale
under the licence leaves a port or mooring.
(2) The licence holder, at any time before a boat
used under the licence leaves a port or
mooring, may, via the scallop dive
notification service—
(a) vary the details given to the Secretary
under subregulation (1); or
(b) if the licence holder cancels the
proposed taking of scallop by hand for
sale, advise the Secretary to that effect.
413E Prior reporting of scallop details before
entering port or mooring
(1) The licence holder must ensure that the
details set out in paragraph (b) of the
definition of specified scallop dive details
are provided to the Secretary via the scallop
dive notification service in accordance with
subregulation (2) if a boat used under the
licence is to enter a port or mooring area
and—
(a) has scallop on board; or
(b) has been used for fishing for scallop
during the fishing trip.
r. 15
-- 16 of 49 --
Part 2—Commercial Dive Fishery for Scallop in Port Phillip Bay
Fisheries and Fisheries (Fees, Royalties and Levies) Further Amendment
Regulations 2013
S.R. No. 168/2013
13
Authorised by the Chief Parliamentary Counsel
(2) The details must be provided to the
Secretary—
(a) if the entry is to be made between the
hours of 8 a.m. and 6 p.m., at least
30 minutes before the entry;
(b) if the entry is to be made between the
hours of 6 p.m. and 8 a.m., at least one
hour before the entry.
(3) If, after the details have been provided in
accordance with subregulations (1) and (2),
the boat is to enter a port or mooring other
than that named in those details, the licence
holder must notify the Secretary of that port
or mooring via the scallop dive notification
service at least 30 minutes before the entry.
413F Scallop must be landed at a specified place
(1) Subject to subregulation (2), the licence
holder must ensure that scallop is not landed
at a place other than a port or mooring area
specified in Part 3 of Schedule 20 and
notified to the Secretary under
regulation 413E.
(2) Subregulation (1) does not apply if—
(a) there is an impending or actual threat to
the safety of a person engaged in
activities under the licence; and
(b) the licence holder advises the Secretary
via the scallop dive notification service
as soon as practicable of the place
where scallop is landed.
r. 15
-- 17 of 49 --
Part 2—Commercial Dive Fishery for Scallop in Port Phillip Bay
Fisheries and Fisheries (Fees, Royalties and Levies) Further Amendment
Regulations 2013
S.R. No. 168/2013
14
Authorised by the Chief Parliamentary Counsel
413G Boat not to enter port or mooring area
and scallop not to be landed before
estimated time
(1) The licence holder must not allow a boat
with scallop on board to enter a port or
mooring area before the estimated time for
that entry provided to the Secretary under
regulation 413E unless there is an impending
or actual threat to the safety of a person
engaged in an activity authorised under the
licence.
(2) The licence holder must not allow scallop to
be landed from a boat before the estimated
time for that landing provided to the
Secretary under regulation 413E unless there
is an impending or actual threat to the safety
of a person engaged in an activity authorised
under the licence.
413H Boat to enter port or mooring area and
scallop to be landed within one hour after
estimated time
(1) The licence holder must ensure that—
(a) a boat with scallop on board enters a
port or mooring area specified in Part 3
of Schedule 20 within one hour after
the estimated time for that entry
provided to the Secretary under
regulation 413E; and
(b) scallop are landed from the boat within
one hour after the estimated time for
that landing provided to the Secretary
under regulation 413E.
(2) Despite subregulation (1), the licence holder
may commence landing scallop from the
boat more than one hour after the estimated
time for that landing provided to the
r. 15
-- 18 of 49 --
Part 2—Commercial Dive Fishery for Scallop in Port Phillip Bay
Fisheries and Fisheries (Fees, Royalties and Levies) Further Amendment
Regulations 2013
S.R. No. 168/2013
15
Authorised by the Chief Parliamentary Counsel
Secretary under regulation 413E if the
licence holder advises the Secretary via the
scallop dive notification service at least one
hour before the new estimated time for the
landing of scallop of—
(a) the licence holder's intention to land
scallop more than one hour after the
prior estimated time for landing; and
(b) the new estimated time at which the
landing of scallop will commence.
(3) If the licence holder advises the Secretary of
a new estimated time for landing scallop
under subregulation (2)(b), the licence holder
must ensure that scallop are landed within
one hour after that time.
413I Scallop to be weighed after landing and
information given to the Secretary
(1) After landing scallop taken under a licence,
the licence holder must ensure that, no later
than 20 minutes after the landing—
(a) the scallop are weighed and the net
weight is electronically recorded in the
scallop dive daily catch and effort
record in the manner required by the
Secretary; and
(b) the scallop dive daily catch and effort
record is forwarded to the Secretary via
the scallop dive notification service;
and
(c) the details set out in paragraph (c) of
the definition of specified scallop dive
details are provided to the Secretary via
the scallop dive notification service and
the details are correct.
r. 15
-- 19 of 49 --
Part 2—Commercial Dive Fishery for Scallop in Port Phillip Bay
Fisheries and Fisheries (Fees, Royalties and Levies) Further Amendment
Regulations 2013
S.R. No. 168/2013
16
Authorised by the Chief Parliamentary Counsel
(2) The licence holder must ensure that any
details regarding the weight of the scallop
that are required to be provided under the
Act or these Regulations are correct to within
0⋅1 kilograms of the actual weight.
413J Scallop not to be moved before catch
disposal record completed
The licence holder must ensure that scallop
taken under the licence are not moved from
the place of landing or delivered for
processing unless—
(a) the details of the scallop dive catch
disposal record have been entered on
the original and duplicate copy of the
record in the manner required by the
Secretary and signed by the licence
holder; and
(b) the original copy of the record
accompanies the scallop.
413K Secretary to give scallop dive confirmation
number to licence holder
(1) The Secretary must make all reasonable
efforts to provide the licence holder with a
confirmation number via the scallop dive
notification service as soon as is practicable
after the licence holder has provided any
specified scallop dive details via that service.
(2) Subregulation (1) does not apply if the
Secretary determines that there are
reasonable grounds for believing that the
licence holder has failed to comply with
these Regulations.
r. 15
-- 20 of 49 --
Part 2—Commercial Dive Fishery for Scallop in Port Phillip Bay
Fisheries and Fisheries (Fees, Royalties and Levies) Further Amendment
Regulations 2013
S.R. No. 168/2013
17
Authorised by the Chief Parliamentary Counsel
(3) If the licence holder does not receive a
confirmation number under subregulation (1)
via the scallop dive notification service after
providing specified scallop dive details to the
Secretary via that service, the Secretary may
issue the licence holder with a confirmation
number by way of an alternative method.
413L Requirements for keeping fisheries
documents and copies relating to scallop
dive
(1) The licence holder must ensure that he, she
or any person acting on behalf of the licence
holder does not possess a signed scallop dive
catch disposal record or a copy of such a
record unless all the required details of the
record have been completed in the manner
required by the Secretary.
(2) The licence holder must ensure that all
copies of completed, and all unused, scallop
dive catch disposal records and scallop dive
catch disposal record books are kept by the
licence holder.
(3) The licence holder must ensure that the
duplicate copy of each scallop dive catch
disposal record that has been completed in
respect of the scallop landed under the
licence is retained in the scallop dive catch
disposal record book issued to the licence
holder.
413M Location of scallop dive catch disposal
record book to be notified
The licence holder must ensure that the
Secretary is notified of the location of a
scallop dive catch disposal record book if it
is not located on a boat used under the
licence or at the place of landing of scallop.
r. 15
-- 21 of 49 --
Part 2—Commercial Dive Fishery for Scallop in Port Phillip Bay
Fisheries and Fisheries (Fees, Royalties and Levies) Further Amendment
Regulations 2013
S.R. No. 168/2013
18
Authorised by the Chief Parliamentary Counsel
413N Scallop commercial fishing management
zones
The licence holder must not, during a fishing
trip, take scallop from two or more scallop
commercial fishing management zones.
413O Recreational fishing not permitted from
boat used for taking scallop
The licence holder must not engage in
recreational fishing activities from a boat
used for fishing activities under the licence.
413P Shucked scallop not to be on boat or
landed from boat
The licence holder must not—
(a) have any scallop that has been shucked
on board a boat used under the licence;
or
(b) land or cause to be landed any scallop
that has been shucked from such a boat
on or next to Victorian waters.
413Q Scallop not to be transferred at sea from
boat to boat
The licence holder must ensure that scallop
are not transferred from one boat to another
in, under or on Victorian waters.
413R Transfer to licence holder of scallop taken
by other persons prohibited in Victorian
waters
The licence holder, whether or not on board
a boat, must not receive in, under or on
Victorian waters any scallop taken by a
person other than a person named in the
licence.
r. 15
-- 22 of 49 --
Part 2—Commercial Dive Fishery for Scallop in Port Phillip Bay
Fisheries and Fisheries (Fees, Royalties and Levies) Further Amendment
Regulations 2013
S.R. No. 168/2013
19
Authorised by the Chief Parliamentary Counsel
413S Possession of recreationally caught scallop
at commercial premises prohibited
The licence holder must not possess scallop
taken under a recreational fishery licence at
the same premises as scallop taken under the
licence.
413T Possession of commercial fishing
equipment or scallops prohibited in a
scallop commercial fishing exclusion zone
The licence holder must not possess
underwater breathing apparatus or scallop in
a scallop commercial fishing exclusion zone.
413U Underwater breathing apparatus not to be
used in certain parts of Port Phillip Bay
The licence holder must ensure that
underwater breathing apparatus and any
other equipment approved by the Secretary is
not used in carrying out activities under the
licence in, on or within any of the following
areas of the waters in Port Phillip Bay—
(a) a scallop commercial fishing exclusion
zone;
(b) the area north or west of a line running
from the seaward end of the
Williamstown Breakwater Pier to the
most southerly point of Web Dock;
(c) part of Limeburners Bay (Grammar
School Lagoon) near Geelong, north of
a line running from the fishing
boundary on Port Abeona to the fishing
boundary post on the opposite shore;
r. 15
-- 23 of 49 --
Part 2—Commercial Dive Fishery for Scallop in Port Phillip Bay
Fisheries and Fisheries (Fees, Royalties and Levies) Further Amendment
Regulations 2013
S.R. No. 168/2013
20
Authorised by the Chief Parliamentary Counsel
(d) a shipping channel defined by channel
markers;
(e) an area west of a line from the
shoreward end of the Queenscliff Pier
to the seaward end of Point Nepean;
(f) within a distance of 400 metres from
any part of the St Kilda Pier;
(g) within a distance of 230 metres from
any part of the Kerford Road Jetty,
Hobson's Bay;
(h) within a distance of 30 metres from any
part of any other pier or jetty.
413V Vessel monitoring system
(1) The licence holder must ensure that there is
installed on any boat used under the licence a
vessel monitoring system that includes, or
consists of, an automatic location
communicator of a type approved by the
Secretary which is installed and operated in
the manner approved by the Secretary.
(2) The licence holder must take all reasonable
steps to ensure that a vessel monitoring
system installed on a boat used under the
licence is not interfered with or tampered
with in any way or altered, damaged or
disabled.
(3) The licence holder must ensure that a vessel
monitoring system installed on a boat used
under the licence is operating so that during
any fishing trip—
(a) the boat's position can be reported; and
r. 15
-- 24 of 49 --
Part 2—Commercial Dive Fishery for Scallop in Port Phillip Bay
Fisheries and Fisheries (Fees, Royalties and Levies) Further Amendment
Regulations 2013
S.R. No. 168/2013
21
Authorised by the Chief Parliamentary Counsel
(b) the power mode used is not less than
the power mode used in normal
operation of the vessel monitoring
system; and
(c) the vessel monitoring system is in full
power mode each time the boat departs
from a port or mooring area and
remains in full power mode for the
duration of the fishing trip.
(4) The licence holder must ensure that a boat
used under the licence does not leave a port
or mooring area if the vessel monitoring
system installed on that boat is not able to
operate in accordance with subregulation (3).
413W Licence holder to maintain internet access
The licence holder must, to the extent
reasonably practical, maintain a means to
access the internet at any time.
413X Submission of annual report
(1) The licence holder must give the Secretary a
report on activities carried out under the
licence in respect of the following periods
and at the following times—
(a) not later than 31 May 2015, in respect
of the period beginning on the date of
issue of the licence and ending on
31 March 2015;
(b) not later than 31 May in each
succeeding year, in respect of the
period of the previous licensing year.
r. 15
-- 25 of 49 --
Part 2—Commercial Dive Fishery for Scallop in Port Phillip Bay
Fisheries and Fisheries (Fees, Royalties and Levies) Further Amendment
Regulations 2013
S.R. No. 168/2013
22
Authorised by the Chief Parliamentary Counsel
(2) The report must include—
(a) the total weight of scallop taken in each
scallop commercial fishing
management zone; and
(b) the catch value at the first point of sale
of scallop taken in each scallop
commercial fishing management zone;
and
(c) the total catch value at the first point of
sale of scallop taken under the licence;
and
(d) the total number of boats used under
the licence; and
(e) the total number of divers and the total
number of hours spent diving in each
scallop commercial fishing
management zone; and
(f) the total number of fishing trips; and
(g) details of any research relevant to the
Scallop Dive (Port Phillip Bay) Fishery
conducted by the licence holder.
Division 3C—Other matters relating to scallop
413Y Secretary to notify licence holder of
internet application to be used
The Secretary must notify, in writing, each
holder of a Scallop Dive (Port Phillip Bay)
Fishery Access Licence of—
(a) the internet application to be used to
provide the Secretary with scallop dive
daily catch and effort records and
specified scallop dive details via the
scallop dive notification service; and
r. 15
-- 26 of 49 --
Part 2—Commercial Dive Fishery for Scallop in Port Phillip Bay
Fisheries and Fisheries (Fees, Royalties and Levies) Further Amendment
Regulations 2013
S.R. No. 168/2013
23
Authorised by the Chief Parliamentary Counsel
(b) the telephone number to be used—
(i) to provide the Secretary with
specified scallop dive details if the
licence holder does not receive a
scallop confirmation number in
respect of specified scallop dive
details provided via the scallop
dive notification service; or
(ii) for any other purpose required by
these Regulations; and
(c) any changes to the internet application
or telephone number notified under
paragraph (a) or (b).
413Z Required form of documentation for sale
of scallop (scallop receipt)
(1) Section 120AA(1) of the Act applies to a
person who intends to sell any quantity of
scallop.
(2) For the purposes of section 120AA(2)(a) of
the Act, the document concerning a proposed
sale of scallop must be in the form of a
receipt that contains the following details—
(a) the full name and address of the person
selling the scallop;
(b) the full name and address of the person
to whom the scallop are sold;
(c) the date of sale of the scallop;
(d) the net weight in kilograms of scallop
sold.
Note
Section 120AA(2) of the Act requires a person who sells
scallop in any quantity to create a document that complies
with that section.
r. 15
-- 27 of 49 --
Part 2—Commercial Dive Fishery for Scallop in Port Phillip Bay
Fisheries and Fisheries (Fees, Royalties and Levies) Further Amendment
Regulations 2013
S.R. No. 168/2013
24
Authorised by the Chief Parliamentary Counsel
413ZA Documentation requirement for
possession of scallop
For the purposes of section 120AC(1) of the
Act, a person who possesses any quantity of
scallop must, while in possession of the
scallop, have in his or her possession—
(a) the completed original scallop catch
disposal record for that scallop; or
(b) the scallop receipt issued at the time of
the sale of the scallop to the person.
Note
Section 120AC(1) of the Act applies to a person who
possesses scallop and, under the regulations, is required to
have a document in their possession relating to that scallop.
Section 120AC(3) provides for an offence for not having the
prescribed document in possession. Section 120AC(4)
provides a defence if the scallop are in a person's possession
otherwise than for the purposes of sale, processing for
reward, transportation for reward or storage for reward.".
16 Receipt of scallop
In regulation 416(2) of the Principal Regulations,
after "Licence" insert ", a Scallop Dive (Port
Phillip Bay) Fishery Access Licence".
17 Amendment to Schedule 4—Definitions of fisheries
After item 20 of Schedule 4 to the Principal
Regulations insert—
"20A Scallop Dive
(Port Phillip
Bay)
(Commercial)
Scallop Underwater
breathing
apparatus
Port Phillip
Bay other
than a scallop
commercial
fishing
exclusion
zone or an
area specified
in regulation
413U".
r. 16
-- 28 of 49 --
Part 2—Commercial Dive Fishery for Scallop in Port Phillip Bay
Fisheries and Fisheries (Fees, Royalties and Levies) Further Amendment
Regulations 2013
S.R. No. 168/2013
25
Authorised by the Chief Parliamentary Counsel
18 Amendment to Schedule 5—Base number of licences
for purposes of calculating maximum number of
licences
After item 18 of Schedule 5 to the Principal
Regulations insert—
"18A Scallop Dive (Port Phillip Bay) Fishery
Access Licence
1".
19 Amendment to Schedule 14—Designated licence
conditions
In Schedule 14 to the Principal Regulations, after
"413" insert—
"413D—413I
413N—413W".
r. 18
-- 29 of 49 --
Part 2—Commercial Dive Fishery for Scallop in Port Phillip Bay
Fisheries and Fisheries (Fees, Royalties and Levies) Further Amendment
Regulations 2013
S.R. No. 168/2013
26
Authorised by the Chief Parliamentary Counsel
20 New Schedule 20 inserted—Scallop Dive (Port
Phillip Bay) Fishery Access Licence
After Schedule 19 to the Principal Regulations
insert—
"__________________
SCHEDULE 20
SCALLOP DIVE (PORT PHILLIP BAY) FISHERY ACCESS
LICENCE MANAGEMENT ZONES, EXCLUSION ZONES
AND PORTS AND MOORING AREAS
PART 1—SCALLOP COMMERCIAL FISHING
MANAGEMENT ZONES
Regulation 5(1)
r. 20
-- 30 of 49 --
Part 2—Commercial Dive Fishery for Scallop in Port Phillip Bay
Fisheries and Fisheries (Fees, Royalties and Levies) Further Amendment
Regulations 2013
S.R. No. 168/2013
27
Authorised by the Chief Parliamentary Counsel
PART 2—SCALLOP COMMERCIAL FISHING EXCLUSION
ZONES
Regulation 5(1)
r. 20
-- 31 of 49 --
Part 2—Commercial Dive Fishery for Scallop in Port Phillip Bay
Fisheries and Fisheries (Fees, Royalties and Levies) Further Amendment
Regulations 2013
S.R. No. 168/2013
28
Authorised by the Chief Parliamentary Counsel
PART 3—PORTS AND MOORING AREAS
Regulations 5(1), 413F(1), 413H(1)
Altona Boat Ramp
Avalon Boat Ramp
Black Rock Boat Ramp
Clifton Springs Boat Ramp
Frankston Boat Ramp
Kirk Point Boat Ramp
Limeburners Point Boat Ramp
Mordialloc Boat Ramp
Mornington Boat Ramp (Schnapper Point)
Newport (Warmies) Boat Ramp
Patterson River Boat Ramp
Point Richards Boat Ramp
Queenscliff Boat Ramp
Safety Beach Boat Ramp
St Helens Boat Ramp
St Kilda Marina Carpark
Werribee South Boat Ramp".
__________________
r. 20
-- 32 of 49 --
Part 3—Other Amendments to the Fisheries Regulations 2009
Fisheries and Fisheries (Fees, Royalties and Levies) Further Amendment
Regulations 2013
S.R. No. 168/2013
29
Authorised by the Chief Parliamentary Counsel
PART 3—OTHER AMENDMENTS TO THE FISHERIES
REGULATIONS 2009
21 Definitions
In regulation 5 of the Principal Regulations insert
the following definitions—
"natural resource agreement has the same
meaning as in section 3 of the Traditional
Owner Settlement Act 2010;
open top lift net means a square or rectangular net
open at the top that—
(a) is not more than 60 centimetres long
and not more than 60 centimetres wide;
and
(b) has a mesh net height more than
15 centimetres perpendicular from the
base; and
(c) has a top opening of not less than
20 centimetres by 20 centimetres; and
(d) does not have any internal device
designed for use, or capable of use, in
connection with the taking of yabby;
traditional owner group has the same meaning as
in section 3 of the Traditional Owner
Settlement Act 2010;
traditional owner group entity has the same
meaning as in section 3 of the Traditional
Owner Settlement Act 2010;
traditional owner recognition permit means a
permit issued by the Secretary under
regulation 69D;
traditional purposes has the same meaning as in
section 79 of the Traditional Owner
Settlement Act 2010;".
r. 21
-- 33 of 49 --
Part 3—Other Amendments to the Fisheries Regulations 2009
Fisheries and Fisheries (Fees, Royalties and Levies) Further Amendment
Regulations 2013
S.R. No. 168/2013
30
Authorised by the Chief Parliamentary Counsel
22 Fishing equipment
In regulation 6(3) of the Principal Regulations—
(a) in paragraph (n), for "bait jig." substitute
"bait jig;";
(b) after paragraph (n) insert—
"(o) open top lift net.".
23 Process for determination of compensation
In regulation 31(10) of the Principal Regulations,
in paragraph (b)(i) of the definition of financial
documentation, for "National Institute of
Accountants" substitute "Institute of Public
Accountants".
24 Exemption from requirement to hold recreational
fishing licence
After regulation 66(1) of the Principal Regulations
insert—
"(1A) A person is exempt from the requirement to
hold a recreational fishery licence under
section 44 of the Act in respect of
recreational fishing in an area within the land
that is the subject of a natural resource
agreement—
(a) if the person is a member of the
traditional owner group in respect of
which the natural resource agreement is
in force; and
(b) there is an agreed means by which an
authorised officer is able to verify that
the member is a member of the
traditional owner group.".
r. 22
-- 34 of 49 --
Part 3—Other Amendments to the Fisheries Regulations 2009
Fisheries and Fisheries (Fees, Royalties and Levies) Further Amendment
Regulations 2013
S.R. No. 168/2013
31
Authorised by the Chief Parliamentary Counsel
25 New Division 1 inserted in Part 4
In Part 4 of the Principal Regulations, before
regulation 70 insert—
"Division 1—Traditional owner recognition
permit
69A Creation of category of traditional owner
recognition permit
A traditional owner recognition permit is
created as a category of permit.
69B Activities authorised by traditional owner
recognition permit
A traditional owner recognition permit
authorises each member of the traditional
owner group, which appointed the traditional
owner group entity that holds the permit, to
carry out the following activities for
traditional purposes on land (including any
land that forms part of a recreational reef
zone) that is the subject of the natural
resource agreement entered into by the
entity—
(a) the taking of fish of the species
specified by the Secretary in the permit;
(b) the use or possession of any
recreational fishing equipment
approved by the Secretary and specified
in the permit.
Note
A person authorised to carry out activities under a traditional
owner recognition permit is exempted from the catch and
size limits, closed season periods and various offences in
Parts 6, 7, 8, 9 and 11.
r. 25
-- 35 of 49 --
Part 3—Other Amendments to the Fisheries Regulations 2009
Fisheries and Fisheries (Fees, Royalties and Levies) Further Amendment
Regulations 2013
S.R. No. 168/2013
32
Authorised by the Chief Parliamentary Counsel
69C Conditions of traditional owner
recognition permit
For the purposes of section 52(1)(b) of the
Act, it is a condition of a traditional owner
recognition permit that each member
authorised under regulation 69B to carry out
activities under the permit has an agreed
means by which an authorised officer is able
to verify that the member is a member of the
traditional owner group that appointed the
holder of the permit.
Note
In addition to the condition set out in this regulation, every
traditional owner recognition permit is subject to any
condition expressed or referred to in the permit by the
Secretary under section 52(1)(a) of the Act and any
condition applying to traditional owner recognition permits
under Division 4.
69D Issue of traditional owner recognition
permit
(1) A traditional owner group entity that has
entered into a natural resource agreement
may apply to the Secretary for a traditional
owner recognition permit in respect of the
land that is the subject of the agreement.
(2) The Secretary may issue to the traditional
owner group entity a traditional owner
recognition permit if he or she is satisfied
that the activities to be authorised under the
permit—
(a) are for the purpose of satisfying
personal, domestic, communal or non-
commercial needs; and
(b) are ecologically sustainable; and
(c) will be carried out in a humane way;
and
r. 25
-- 36 of 49 --
Part 3—Other Amendments to the Fisheries Regulations 2009
Fisheries and Fisheries (Fees, Royalties and Levies) Further Amendment
Regulations 2013
S.R. No. 168/2013
33
Authorised by the Chief Parliamentary Counsel
(d) will not compromise public safety; and
(e) will not cause any material impact on
third party interests.
(3) A traditional owner recognition permit
continues in force for the period, not
exceeding 3 years, specified in the permit.
(4) A traditional owner recognition permit may
be cancelled by the Secretary at any time.
69E Offence to fail to comply with permit
condition
A member of a traditional owner group who
is authorised to carry out fishing activities
under a traditional owner recognition permit
must comply with any condition to which the
permit is subject.
Penalty: 20 penalty units.
Note
In addition to any conditions set out in this Division, every
traditional owner recognition permit is subject to any
condition expressed or referred to in the permit by the
Secretary under section 52(1)(a) of the Act and any
condition applying to traditional owner recognition permits
under Division 4.".
26 New Division headings inserted in Part 4
(1) Before regulation 70 of the Principal Regulations
insert—
"Division 2—Permits under section 72".
(2) Before regulation 71 of the Principal Regulations
insert—
"Division 3—Permits under section 81".
r. 26
-- 37 of 49 --
Part 3—Other Amendments to the Fisheries Regulations 2009
Fisheries and Fisheries (Fees, Royalties and Levies) Further Amendment
Regulations 2013
S.R. No. 168/2013
34
Authorised by the Chief Parliamentary Counsel
(3) Before regulation 71A of the Principal
Regulations insert—
"Division 4—Conditions of permits".
27 Application of Division 1 of Part 6
(1) In regulation 81(b) of the Principal Regulations,
for "Regulations." substitute "Regulations; or".
(2) After regulation 81(b) of the Principal Regulations
insert—
"(c) is authorised under a traditional owner
recognition permit to use or possess that
equipment and the person is acting in
accordance with the permit.".
28 Use and possession of recreational hoop nets or open
top lift nets
(1) In the heading to regulation 86 of the Principal
Regulations, after "nets" insert "or open top lift
nets".
(2) In regulation 86(4) of the Principal Regulations,
for "more than 10 recreational hoop nets"
substitute "more than 10 nets that are either
recreational hoop nets or open top lift nets".
(3) In regulation 86(5) of the Principal Regulations,
after "must not use" insert "an open top lift net
or".
(4) After regulation 86(6) of the Principal Regulations
insert—
"(7) A person must not use or possess an open
top lift net in, on or next to any marine
waters.
Penalty: 20 penalty units.".
r. 27
-- 38 of 49 --
Part 3—Other Amendments to the Fisheries Regulations 2009
Fisheries and Fisheries (Fees, Royalties and Levies) Further Amendment
Regulations 2013
S.R. No. 168/2013
35
Authorised by the Chief Parliamentary Counsel
29 Tagging of nets
(1) In the heading to regulation 88 of the Principal
Regulations, after "hoop net" insert ", open top
lift net".
(2) In regulation 88 of the Principal Regulations after
"hoop net" (wherever occurring) insert ", open
top lift net".
30 New regulation 91A inserted
In Division 2 of Part 6, before regulation 92 of the
Principal Regulations insert—
"91A Application of Division
The offences in this Division do not apply to
a person who is acting under and in
accordance with a traditional owner
recognition permit.".
31 Offence to possess dusky flathead other than whole
or in the form of a carcass
In regulation 93(4) of the Principal Regulations,
after "possess any" insert "dusky flathead,".
32 Offence to take or possess certain fish in berry
(1) For the heading to regulation 95 of the Principal
Regulations substitute—
"Offence to take, land or possess certain fish in
berry".
(2) In regulation 95 of the Principal Regulations, after
"bug" (wherever occurring) insert ", berried
yabby".
(3) In regulation 95(1) of the Principal Regulations,
after "crayfish" insert "unless authorised to do
so".
r. 29
-- 39 of 49 --
Part 3—Other Amendments to the Fisheries Regulations 2009
Fisheries and Fisheries (Fees, Royalties and Levies) Further Amendment
Regulations 2013
S.R. No. 168/2013
36
Authorised by the Chief Parliamentary Counsel
(4) After regulation 95(4) of the Principal Regulations
insert—
"(5) For the purposes of subregulation (1), a
person is authorised to take berried yabby if
the person is the holder of, or acting on
behalf of the holder of, an Aquaculture
(Private Land—Yabbies) Licence or an
Aquaculture (Private Land—Yabbies
Multiwaters) Licence and the person is
acting in accordance with the licence, the
Act and these Regulations.".
33 Application of Division 3 of Part 6
At the end of regulation 103 of the Principal
Regulations insert—
"(2) A prohibition in this Division in respect of
the use or possession of fishing equipment
does not apply to a person who uses or
possesses that fishing equipment under and
in accordance with a traditional owner
recognition permit.".
34 New regulation 117A inserted
In Division 1 of Part 7, before regulation 118 of
the Principal Regulations insert—
"117A Application of Division
This Division does not apply to a person who
is acting under and in accordance with a
traditional owner recognition permit.".
35 Minimum size of fish taken
In the Table to regulation 121 of the Principal
Regulations, in item 2, for "Garfish (all species)"
substitute "Lakes Garfish (Hyporhamphus
regularis)".
r. 33
-- 40 of 49 --
Part 3—Other Amendments to the Fisheries Regulations 2009
Fisheries and Fisheries (Fees, Royalties and Levies) Further Amendment
Regulations 2013
S.R. No. 168/2013
37
Authorised by the Chief Parliamentary Counsel
36 Catch limits
In the Table to regulation 124(1) of the Principal
Regulations, in item 11, for "Common spotted
galaxias," substitute "Common galaxias, Spotted
galaxias,".
37 Certain commercial fishing equipment prohibited
After regulation 149(3) of the Principal
Regulations insert—
"(4) Despite subregulation (1)(g), the licence
holder may 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.".
38 Restrictions on use and possession of commercial
fishing equipment
For regulation 167(3) of the Principal Regulations,
substitute—
"(3) If the licence holder uses a crab pot in the
Cunningham Arm, the licence holder must
be in attendance at the crab pot at all times.".
39 Revocation of regulation 216—Commonwealth
fishing concession restriction
Regulation 216 of the Principal Regulations,
including the note to that regulation, is revoked.
40 New regulation 234A inserted
In Division 1 of Part 8, before regulation 235 of
the Principal Regulations insert—
"234A Application of Division
This Division does not apply to a person who
is acting under and in accordance with a
traditional owner recognition permit.".
r. 36
-- 41 of 49 --
Part 3—Other Amendments to the Fisheries Regulations 2009
Fisheries and Fisheries (Fees, Royalties and Levies) Further Amendment
Regulations 2013
S.R. No. 168/2013
38
Authorised by the Chief Parliamentary Counsel
41 Regulation 240 substituted
For regulation 240 of the Principal Regulations
substitute—
"240 Application of Division
This Division does not apply to—
(a) 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; or
(b) a person who is acting under and in
accordance with a traditional owner
recognition permit.".
42 Catch limit for abalone
After item 2 of the Table to regulation 241(1)(b)
of the Principal Regulations, insert—
"3 Greenlip
abalone
Port
Phillip
Bay
0
".
43 New regulation 319A inserted
In Division 1 of Part 9, before regulation 320 of
the Principal Regulations insert—
"319A Application of Division
This Division does not apply to a person who
is acting under and in accordance with a
traditional owner recognition permit.".
r. 41
-- 42 of 49 --
Part 3—Other Amendments to the Fisheries Regulations 2009
Fisheries and Fisheries (Fees, Royalties and Levies) Further Amendment
Regulations 2013
S.R. No. 168/2013
39
Authorised by the Chief Parliamentary Counsel
44 Regulation 323 substituted
For regulation 323 of the Principal Regulations
substitute—
"323 Application of Division
This Division does not apply to—
(a) 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; or
(b) a person who is acting under and in
accordance with a traditional owner
recognition permit.".
45 Catch limit for scallop
(1) In regulation 405(2)(c)(ii) of the Principal
Regulations, for "these Regulations." substitute
"these Regulations; or".
(2) After regulation 405(2)(c) of the Principal
Regulations insert—
"(d) the person is acting under and in accordance
with a traditional owner recognition permit.".
46 Exemption relating to stocking fish
(1) In regulation 453(3) of the Principal Regulations,
for "this regulation" substitute
"subregulation (2)".
(2) After regulation 453(3) of the Principal
Regulations insert—
"(3A) The Secretary, by notice published in the
Government Gazette, may exempt a class of
persons from section 42(1)(ba) of the Act in
respect of the stocking of fish into protected
waters, if the Secretary considers it necessary
or reasonable in the circumstances and an
r. 44
-- 43 of 49 --
Part 3—Other Amendments to the Fisheries Regulations 2009
Fisheries and Fisheries (Fees, Royalties and Levies) Further Amendment
Regulations 2013
S.R. No. 168/2013
40
Authorised by the Chief Parliamentary Counsel
application has been made under
subregulation (1).
(3B) An exemption under this regulation takes
effect—
(a) in the case of an exemption granted
under subregulation (2), on the date
specified in the notice given under
subregulation (3); or
(b) in the case of an exemption granted
under subregulation (3A), on any date
specified in the notice or the day on
which the notice is published in the
Government Gazette, whichever is the
later.".
(3) In regulation 453(5) of the Principal
Regulations—
(a) after "specify" insert "in the notice given
under subregulation (3) or published under
subregulation (3A)";
(b) in paragraph (a), after "person" insert
"or class of persons";
(c) in paragraph (b), after "place" insert
"or area".
47 Exemption relating to yabby pots
In regulation 456 of the Principal Regulations—
(a) in the heading after "possession" insert
"or use";
(b) for "section 36(2) of the Act in respect of the
possession" substitute "section 36(1)(c) and
(2) of the Act in respect of the use or
possession".
r. 47
-- 44 of 49 --
Part 3—Other Amendments to the Fisheries Regulations 2009
Fisheries and Fisheries (Fees, Royalties and Levies) Further Amendment
Regulations 2013
S.R. No. 168/2013
41
Authorised by the Chief Parliamentary Counsel
48 New regulation 459A inserted
After regulation 459 of the Principal Regulations
insert—
"459A Exemption relating to receipt of scallop
for sale
A person is exempt from section 40(1)(b) of
the Act in respect of the receipt of scallop for
sale if—
(a) the scallop are legally obtained; and
(b) the person receives the scallop from—
(i) the holder of a Scallop Dive
(Port Phillip Bay) Fishery Access
Licence and the scallop is
accompanied by the completed
original scallop dive catch
disposal record in respect of that
scallop; or
(ii) the holder of an aquaculture
licence authorising the hatching,
rearing, breeding, growing or
displaying of scallop if, at the time
of sale, the scallop is accompanied
by a scallop receipt in respect of
the scallop; or
(iii) any other person, if the scallop is
accompanied by a scallop receipt
issued by that other person to the
person in respect of the scallop at
the time of sale of the scallop to
the person.".
r. 48
-- 45 of 49 --
Part 3—Other Amendments to the Fisheries Regulations 2009
Fisheries and Fisheries (Fees, Royalties and Levies) Further Amendment
Regulations 2013
S.R. No. 168/2013
42
Authorised by the Chief Parliamentary Counsel
49 Persons to whom confidential information may be
given
In regulation 480 of the Principal Regulations—
(a) in paragraph (a), for "Port Services Act
1995" substitute "Port Management Act
1995";
(b) in paragraph (b) for "Port Services Act
1995" substitute "Transport Integration
Act 2010";
(c) for paragraph (d) substitute—
"(d) the Safety Director within the meaning
of the Marine Safety Act 2010;";
(d) paragraph (e) is revoked;
(e) in paragraph (j), for "Supreme Court Act
1986" substitute "Sheriff Act 2009";
(f) in paragraph (q) for "Commonwealth."
substitute "Commonwealth;";
(g) after paragraph (q) insert—
"(r) the Australian Maritime Safety
Authority established under the
Australian Maritime Safety Authority
Act 1990 of the Commonwealth;
(s) a marine safety inspector within the
meaning of the Marine Safety
(Domestic Commercial Vessel)
National Law Act 2012 of the
Commonwealth;
(t) a transport safety officer within the
meaning of the Transport
(Compliance and Miscellaneous) Act
1983.".
r. 49
-- 46 of 49 --
Part 3—Other Amendments to the Fisheries Regulations 2009
Fisheries and Fisheries (Fees, Royalties and Levies) Further Amendment
Regulations 2013
S.R. No. 168/2013
43
Authorised by the Chief Parliamentary Counsel
50 Details for aquaculture production return
In Schedule 2 to the Principal Regulations omit
items 6, 7, 8 and 9.
51 Schedule 3—Ports and mooring areas at which
abalone may be landed
In Schedule 3 to the Principal Regulations, after
"Walkerville North" insert "Walkerville South".
52 Revocation of Schedule 10
Schedule 10 to the Principal Regulations is
revoked.
53 Schedule 13—Ports and mooring areas at which
rock lobster and giant crab may be landed
In Schedule 13 to the Principal Regulations—
(a) after "Flinders" insert "Hastings";
(b) after "McLoughlins Beach" insert "Ocean
Grove".
__________________
r. 50
-- 47 of 49 --
Part 4—Amendment of the Fisheries (Fees, Royalties and Levies)
Regulations 2008
Fisheries and Fisheries (Fees, Royalties and Levies) Further Amendment
Regulations 2013
S.R. No. 168/2013
44
Authorised by the Chief Parliamentary Counsel
PART 4—AMENDMENT OF THE FISHERIES (FEES,
ROYALTIES AND LEVIES) REGULATIONS 2008
54 Principal Regulations
In this Part, the Fisheries (Fees, Royalties and
Levies) Regulations 20082 are called the Principal
Regulations.
55 Levies on access licences
After regulation 17(1)(s) of the Principal
Regulations insert—
"(sa) Scallop Dive (Port Phillip Bay) Fishery
Access Licence;".
56 Application and transfer fees for commercial fishery
access licences
After item 19 in Schedule 1 to the Principal
Regulations insert—
"19A Scallop Dive (Port Phillip
Bay) Fishery Access Licence
Nil 18⋅5 fee units".
57 Levies for access licences
After item 19 of Schedule 2 to the Principal
Regulations insert—
"19A Scallop
Dive (Port
Phillip Bay)
Fishery
Access
Licence
537⋅2 fee
units
175⋅9 fee
units
144⋅6 fee
units
Nil 32⋅1 fee
units
889⋅8 fee
units
".
═══════════════
r. 54
-- 48 of 49 --
Fisheries and Fisheries (Fees, Royalties and Levies) Further Amendment
Regulations 2013
S.R. No. 168/2013
45
Authorised by the Chief Parliamentary Counsel
ENDNOTES
1 Reg. 4: S.R. No. 2/2009. Reprint No. 1 as at 11 October 2013. Reprinted to
S.R. No. 18/2013.
2 Reg. 55: S.R. No. 4/2008 as amended by S.R. Nos 92/2008, 2/2009, 3/2009,
13/2010, 12/2011 and 28/2013.
Endnotes
-- 49 of 49 --