Fisheries (Amendment) Regulations 2004

Victorian Legislation Parliamentary Documents i Fisheries (Amendment) Regulations 2004 S.R. No. 26/2004 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provision 1 3. Commencement 2 4. Principal Regulations 2 5. Amendments to the definitions of fisheries 2 6. Entitlements of Abalone Fishery Access Licence 2 7. Entitlements of Rock Lobster Fishery Access Licence 3 8. Entitlements of Fish Receivers' (Abalone) Licence 3 9. Entitlements of aquaculture licence 4 10. Revocation of obsolete regulation 4 11. Exemption relating to the possession of rock lobster pot by holder of interstate recreational fishing licence 4 12. Substitution of regulation 634 and insertion of new regulations 634A, 634B and 634C 5 634. Exemptions relating to receipt and sale of non- commercial quantities of abalone 5 634A. Exemptions relating to the possession, receipt, processing and sale of commercial quantities of abalone 7 634B. Exemptions relating to the possession, receipt, processing and sale of rock lobster 11 634C. Exemption relating to receipt of fish for sale 13 13. Substitution of regulation 636 13 636. Exemption for transport of abalone from certain access licence holders and aquaculture licence holders 13 14. Insertion of new regulations 641 and 642 15 641. Prescribed positioning device 15 642. Prescribed bodies and persons to which confidential documents or information may be given 15 15. Insertion of new regulation 714 17 714. Application provision for commercial fishery licences 17 -- 1 of 23 -- Victorian Legislation Parliamentary Documents Regulation Page ii 16. Substitution of new Schedule 14 18 SCHEDULE 14—Offences prescribed for purposes of section 127 of the Act 18 ═══════════════ ENDNOTES 21 -- 2 of 23 -- Victorian Legislation Parliamentary Documents 1 STATUTORY RULES 2004 S.R. No. 26/2004 Fisheries Act 1995 Fisheries (Amendment) Regulations 2004 The Governor in Council makes the following Regulations: Dated: 6 April 2004 Responsible Minister: BOB CAMERON Minister for Agriculture DIANE CASEY Clerk of the Executive Council 1. Objective The objective of these Regulations is to amend the Fisheries Regulations 1998 to— (a) make further provision for entitlements of commercial fishery licences in respect of priority species; and (b) provide for exemptions to indictable offences involving commercial quantities of priority species; and (c) prescribe certain bodies and persons to which confidential documents and information may be communicated; and (d) make miscellaneous and minor amendments. 2. Authorising provision These Regulations are made under section 153 of the Fisheries Act 1995. -- 3 of 23 -- Victorian Legislation Parliamentary Documents S.R. No. 26/2004 Fisheries (Amendment) Regulations 2004 2 3. Commencement These Regulations come into operation on 8 April 2004. 4. Principal Regulations In these Regulations, the Fisheries Regulations 19981 are called the Principal Regulations. 5. Amendments to the definitions of fisheries In regulation 107 of the Principal Regulations— (a) in column 1 of the Table, for "Mallacoota Lower Lake" (where first occurring) substitute "Mallacoota Lake"; (b) in column 4 of the Table for "Lower Lake at Mallacoota" (where first occurring) substitute "Mallacoota Lake". 6. Entitlements of Abalone Fishery Access Licence In regulations 204, 204A and 204B of the Principal Regulations— (a) in paragraph (a), after "take abalone" insert "(including a commercial quantity)"; (b) in paragraph (c), for "licence—" substitute "licence; and"; (c) after paragraph (c), insert— "(d) possess abalone (including a commercial quantity); and (e) pack abalone (including a commercial quantity) into bins or bags; and (f) sell abalone (including a commercial quantity)—". r. 3 -- 4 of 23 -- Victorian Legislation Parliamentary Documents S.R. No. 26/2004 Fisheries (Amendment) Regulations 2004 3 7. Entitlements of Rock Lobster Fishery Access Licence In regulations 220 and 220A of the Principal Regulations— (a) in paragraph (b), after "rock lobster" insert "(including a commercial quantity)"; (b) in paragraph (c), for "licence—" substitute "licence; and"; (c) after paragraph (c) insert— "(d) possess rock lobster (including a commercial quantity) taken under the licence; and (e) process rock lobster (including a commercial quantity) taken under the licence; and (f) sell rock lobster (including a commercial quantity) taken under the licence—". 8. Entitlements of Fish Receivers' (Abalone) Licence In regulation 227 of the Principal Regulations— (a) in paragraphs (a), (b) and (c), after "abalone" insert "(including a commercial quantity)"; (b) for paragraph (d) substitute— "(d) possess abalone (including a commercial quantity); and (e) process abalone (including a commercial quantity) at the premises specified in the licence; and (f) sell abalone (including a commercial quantity) from the premises specified in the licence.". r. 7 -- 5 of 23 -- Victorian Legislation Parliamentary Documents S.R. No. 26/2004 Fisheries (Amendment) Regulations 2004 4 9. Entitlements of aquaculture licence In regulations 230, 231 and 231A of the Principal Regulations— (a) in paragraph (c), for "licence." substitute "licence; and"; (b) after paragraph (c) insert— "(d) to possess abalone (including a commercial quantity) which has been hatched, reared, bred or grown under the licence at the area specified in the licence; and (e) to process (other than to shuck) abalone (including a commercial quantity) which has been hatched, reared, bred, displayed or grown under the licence at the area specified in the licence; and (f) to sell abalone (including a commercial quantity) which has been hatched, reared, bred, displayed or grown under the licence at the area specified in the licence.". 10. Revocation of obsolete regulation Regulation 630B of the Principal Regulations is revoked. 11. Exemption relating to the possession of rock lobster pot by holder of interstate recreational fishing licence After regulation 633(3) of the Principal Regulations insert— "(4) Despite anything to the contrary in section 36(2) of the Act, a person may possess a number of rock lobster pots if— r. 9 -- 6 of 23 -- Victorian Legislation Parliamentary Documents S.R. No. 26/2004 Fisheries (Amendment) Regulations 2004 5 (a) the person holds a licence to fish recreationally under the law of another State or Territory; and (b) the licence authorises the possession of that number of rock lobster pots; and (c) the person does not possess the rock lobster pots in, on or next to Victorian waters.". 12. Substitution of regulation 634 and insertion of new regulations 634A, 634B and 634C For regulation 634 of the Principal Regulations substitute— "634. Exemptions relating to receipt and sale of non-commercial quantities of abalone (1) Despite anything to the contrary in section 40 of the Act, a person may receive abalone, not being a commercial quantity, if that person— (a) receives legally taken abalone for preparation for inclusion in a meal; or (b) receives abalone for storage or sale and the abalone was legally obtained or legally possessed within Victoria and the abalone— (i) is in a quantity equal to or less than that specified in Table 1 of Schedule 9 and is accompanied by a receipt in accordance with regulation 629 that is less than 60 days old; or r. 12 -- 7 of 23 -- Victorian Legislation Parliamentary Documents S.R. No. 26/2004 Fisheries (Amendment) Regulations 2004 6 (ii) is in a quantity more than that specified in Table 1 of Schedule 9 and is accompanied by a receipt in accordance with regulation 629 that is less than 72 hours old; or (iii) is accompanied by the completed duplicate and triplicate copies of an abalone transfer certificate which was completed not more than 60 days previously; or (c) receives abalone for storage or sale and the abalone was legally obtained in a place outside Victoria and entered Victoria not more than 72 hours previously; or (d) receives abalone for any purpose in accordance with an authority of the Secretary under regulation 505 and the abalone was legally obtained; or (e) receives legally obtained abalone from the holder of an aquaculture licence, under which the holder of the licence is authorised to culture abalone, and the abalone is accompanied by a receipt for that abalone issued by the licence holder or a person acting on behalf of the licence holder setting out— (i) the name of the licence holder; and r. 12 -- 8 of 23 -- Victorian Legislation Parliamentary Documents S.R. No. 26/2004 Fisheries (Amendment) Regulations 2004 7 (ii) the address from which the abalone was sold or consigned for sale; and (iii) the receipt number; and (iv) the date of the sale or consignment; and (v) the quantity of abalone; and (vi) the product description of the abalone. (2) Despite anything to the contrary in section 40 of the Act, a person may sell abalone, not being a commercial quantity, if— (a) the abalone was received in accordance with sub-regulation (1) or regulation 634A(1); and (b) the person issues a receipt for that abalone at the time of sale in accordance with regulation 629; and (c) the immediate packaging of the abalone is marked or labelled in accordance with regulation 330A. 634A. Exemptions relating to the possession, receipt, processing and sale of commercial quantities of abalone (1) Despite anything to the contrary in sections 40, 111A and 111C of the Act, a person may receive and possess a commercial quantity of abalone if— (a) the abalone was legally obtained within Victoria and is accompanied by a receipt for that abalone in accordance with r. 12 -- 9 of 23 -- Victorian Legislation Parliamentary Documents S.R. No. 26/2004 Fisheries (Amendment) Regulations 2004 8 regulation 629 that is less than 72 hours old; or (b) the abalone was legally obtained and is in a quantity not more than that specified in Table 2 of Schedule 9, and is accompanied by the completed duplicate and triplicate copies of an abalone transfer certificate for that abalone that was completed not more than 60 days previously; or (c) the abalone was legally obtained and is in a quantity more than that specified in Table 2 of Schedule 9, and is accompanied by the completed duplicate and triplicate copies of an abalone transfer certificate for that abalone that was completed not more than 72 hours previously; or (d) the abalone was legally obtained in a place outside Victoria and entered Victoria not more than 72 hours previously; or (e) the person is acting in accordance with an authority of the Secretary under regulation 505 and the abalone was legally obtained; or (f) the abalone was legally obtained from the holder of an aquaculture licence, under which the holder is authorised to culture abalone, and the abalone is accompanied by a receipt for that abalone issued by the licence holder or a person acting under the licence setting out— r. 12 -- 10 of 23 -- Victorian Legislation Parliamentary Documents S.R. No. 26/2004 Fisheries (Amendment) Regulations 2004 9 (i) the name of the licence holder; and (ii) the address from which the abalone was sold or consigned for sale; and (iii) the receipt number; and (iv) the date of the sale or consignment; and (v) the quantity of abalone; and (vi) the product description of the abalone; or (g) if that person is transporting legally obtained abalone from the holder of an Abalone Fishery Access Licence and the abalone— (i) is contained in— (A) bins that are each sealed with a bin lid in such a manner that the bin lid cannot be removed or abalone removed from, or added to, the bin while the bin lid and bin tag are still attached and without breaking the bin tag; or (B) bags that are sealed with a bin tag in such a manner that the abalone cannot be removed from or added to the bag without breaking the bin tag; and r. 12 -- 11 of 23 -- Victorian Legislation Parliamentary Documents S.R. No. 26/2004 Fisheries (Amendment) Regulations 2004 10 (ii) is accompanied by the duplicate and triplicate of an abalone docket on which Parts B and C have been completed not more than 72 hours before the commencement of the transportation; or (h) if that person is transporting legally obtained abalone from the area specified in an aquaculture licence where the holder of the aquaculture licence is authorised to culture abalone, and the abalone— (i) is being transported to— (A) the specified premises of the holder of a Fish Receivers' (Abalone) Licence; or (B) an area specified in another aquaculture licence which authorises the holder of the licence to culture abalone; and (ii) is labelled and identified in accordance with any conditions imposed on the first mentioned aquaculture licence by the Secretary. (2) Despite anything to the contrary in sections 40 and 111A of the Act, a person may sell a commercial quantity of abalone if— r. 12 -- 12 of 23 -- Victorian Legislation Parliamentary Documents S.R. No. 26/2004 Fisheries (Amendment) Regulations 2004 11 (a) the abalone was received and is possessed in accordance with sub- regulation (1); and (b) the person issues a receipt for that abalone at the time of sale in accordance with regulation 629; and (c) the immediate packaging of the abalone is marked or labelled in accordance with regulation 330A. (3) Despite anything to the contrary in section 111A of the Act, a person may process a commercial quantity of abalone if— (a) the abalone was received and is possessed in accordance with sub- regulation (1); and (b) the processing occurs at the place where the abalone is to be consumed. 634B. Exemptions relating to the possession, receipt, processing and sale of rock lobster (1) Despite anything to the contrary in sections 40, 111A and 111C of the Act, a person may receive, possess or process rock lobster (including a commercial quantity) if— (a) the rock lobster were legally obtained from the holder of a Rock Lobster Fishery Access Licence, or a person acting under the licence, and are accompanied by the completed original catch disposal record issued in relation to that rock lobster; or r. 12 -- 13 of 23 -- Victorian Legislation Parliamentary Documents S.R. No. 26/2004 Fisheries (Amendment) Regulations 2004 12 (b) the rock lobster were legally obtained and are accompanied by a receipt for that rock lobster issued in accordance with sub- regulation (3)(b). (2) Despite anything to the contrary in sections 111A and 111C of the Act, a person may possess or process rock lobster (including a commercial quantity) if— (a) the person is authorised under the law of another State or Territory to take a commercial quantity of rock lobster in that State or Territory; and (b) the rock lobster were taken under such an authority in that State or Territory. (3) Despite anything to the contrary in sections 40 and 111A of the Act, a person may sell rock lobster (including a commercial quantity) if— (a) the rock lobster were legally obtained and possessed in accordance with sub-regulation (1) or (2); and (b) the person issues a receipt for the rock lobster at the time of sale, setting out in respect of each sale— (i) the full name of the seller; and (ii) the business address from which the rock lobster were sold; and r. 12 -- 14 of 23 -- Victorian Legislation Parliamentary Documents S.R. No. 26/2004 Fisheries (Amendment) Regulations 2004 13 (iii) the receipt number; and (iv) the date of the sale; and (v) the form of the rock lobster and the number and net weight of the rock lobster; and (c) the person keeps a copy of that receipt for a period of 3 years from the date the receipt was issued. 634C. Exemption relating to receipt of fish for sale Despite anything to the contrary in section 40 of the Act, a person may receive legally obtained fish for sale, other than— (a) abalone; or (b) rock lobster; or (c) scallop received from the holder of a Scallop (Ocean) Fishery Access Licence.". 13. Substitution of regulation 636 For regulation 636 of the Principal Regulations substitute— "636. Exemption for transport of abalone from certain access licence holders and aquaculture licence holders Despite anything to the contrary in section 68A of the Act, a person may possess abalone (including a commercial quantity) if that person is transporting legally obtained abalone— r. 13 -- 15 of 23 -- Victorian Legislation Parliamentary Documents S.R. No. 26/2004 Fisheries (Amendment) Regulations 2004 14 (a) from the holder of an Abalone Fishery Access Licence and the abalone— (i) are contained in— (A) bins that are each sealed with a bin lid in such a manner that the bin lid cannot be removed or abalone removed from, or added to, the bin while the bin lid and bin tag are still attached and without breaking the bin tag; or (B) bags that are sealed with a bin tag in such a manner that the abalone cannot be removed from or added to the bag without breaking the bin tag; and (ii) are accompanied by the duplicate and triplicate of an abalone docket on which Parts B and C have been completed not more than 72 hours before the commencement of the transportation; or (b) from the area specified in an aquaculture licence where the holder of the licence is authorised to culture abalone, and the abalone— r. 13 -- 16 of 23 -- Victorian Legislation Parliamentary Documents S.R. No. 26/2004 Fisheries (Amendment) Regulations 2004 15 (i) are being transported to— (A) the specified premises of the holder of a Fish Receivers' (Abalone) Licence; or (B) an area specified in another aquaculture licence under which the licence holder is authorised to culture abalone; and (ii) are labelled and identified in accordance with any conditions imposed on the first mentioned aquaculture licence by the Secretary.". 14. Insertion of new regulations 641 and 642 After regulation 640 of the Principal Regulations insert— "641. Prescribed positioning device For the purposes of section 125(1)(c) of the Act, a satellite global positioning system receiver is prescribed as a positioning device. 642. Prescribed bodies and persons to which confidential documents or information may be given For the purposes of section 146(2)(c) of the Act, the following bodies or persons are prescribed— (a) the Port of Melbourne Corporation within the meaning of the Port Services Act 1995; r. 14 -- 17 of 23 -- Victorian Legislation Parliamentary Documents S.R. No. 26/2004 Fisheries (Amendment) Regulations 2004 16 (b) the Victorian Regional Channels Authority within the meaning of the Port Services Act 1995; (c) the National Native Title Tribunal within the meaning of the Native Title Act 1993 of the Commonwealth; (d) the Director of Marine Safety within the meaning of the Marine Act 1988; (e) a local authority within the meaning of the Marine Act 1988; (f) the Director of Quarantine or a quarantine officer within the meaning of the Quarantine Act 1908 of the Commonwealth; (g) the Chief Executive Officer or an officer of the Australian Customs Service within the meaning of the Customs Act 1901 of the Commonwealth; (h) a member of the Australian Federal Police within the meaning of the Australian Federal Police Act 1979 of the Commonwealth; (i) the Chief Commissioner of Police or a member of the police force of Victoria; (j) the sheriff referred to in the Supreme Court Act 1986; r. 14 -- 18 of 23 -- Victorian Legislation Parliamentary Documents S.R. No. 26/2004 Fisheries (Amendment) Regulations 2004 17 (k) an agency responsible for enforcement and detection of offences against a law of the Commonwealth or another State or Territory that corresponds with this Act or these Regulations; (l) an authorised officer within the meaning of the Conservation, Forests and Lands Act 1987; (m) the Asset Confiscation Office within the meaning of the Confiscation Regulations 19982 ; (n) an authorised officer within the meaning of the Seafood Safety Act 2003.". 15. Insertion of new regulation 714 After regulation 713 of the Principal Regulations insert— "714. Application provision for commercial fishery licences These Regulations as amended by the Fisheries (Amendment) Regulations 2004 apply to any commercial fishery licence which was in force as at the commencement of those regulations.". r. 15 -- 19 of 23 -- Victorian Legislation Parliamentary Documents S.R. No. 26/2004 Fisheries (Amendment) Regulations 2004 18 16. Substitution of new Schedule 14 For Schedule 14 to the Principal Regulations substitute— "SCHEDULE 14 Regulation 639 OFFENCES PRESCRIBED FOR PURPOSES OF SECTION 127 OF THE ACT Column 1 Prescribed offence Column 2 Prescribed period Section 36(1)(a) 3 years Section 36(1)(b) 3 years Section 36(1)(c) 3 years Section 37(1)(a) 3 years Section 37(1)(b) 3 years Section 39(1) 3 years Section 39(2) 3 years Section 39(3) 3 years Section 40(1)(a) 3 years Section 40(1)(b) 3 years Section 40(1)(c) 3 years Section 42(1)(a) 3 years Section 42(1)(b) 3 years Section 42(1)(c) 3 years Section 53(1) 3 years Section 53(4) 3 years Section 66(1)(a) 3 years Section 66(1)(b) 3 years Section 66(1)(c) 3 years Section 66(1)(d) 3 years Section 66A(1) 3 years r. 16 -- 20 of 23 -- Victorian Legislation Parliamentary Documents S.R. No. 26/2004 Fisheries (Amendment) Regulations 2004 19 Column 1 Prescribed offence Column 2 Prescribed period Section 67(3) 3 years Section 68A(1)(a) 3 years Section 68A(1)(b) 3 years Section 68A(2)(a) 3 years Section 68A(2)(b) 3 years Section 68A(4B) 3 years Section 68A(5) 3 years Section 68B(1)(a) 3 years Section 68B(1)(b) 3 years Section 99(1) 3 years Section 99(2) 3 years Section 100 3 years Section 111(1)(f) 3 years Section 111(2) 3 years Section 114(3) 3 years Section 116(1) 3 years Section 117(1)(a) 3 years Section 117(1)(b) 3 years Section 118(1) 3 years Section 119A 3 years Section 119B(a) 3 years Section 119B(b) 3 years Section 130(4) 3 years Section 130A(5) 3 years Section 130B(6) 3 years Regulation 542 of the Fisheries Regulations 1998 3 years Regulation 629(1) of the Fisheries Regulations 1998 3 years r. 16 -- 21 of 23 -- Victorian Legislation Parliamentary Documents S.R. No. 26/2004 Fisheries (Amendment) Regulations 2004 20 Column 1 Prescribed offence Column 2 Prescribed period Regulation 630(1) of the Fisheries Regulations 1998 3 years Regulation 630A of the Fisheries Regulations 1998 3 years ". ═══════════════ r. 16 -- 22 of 23 -- Victorian Legislation Parliamentary Documents S.R. No. 26/2004 Fisheries (Amendment) Regulations 2004 21 ENDNOTES 1 Reg. 4: S.R. No. 23/1998. Reprint No. 3 as at 20 May 2003. Reprinted to S.R. No. 38/2003. Subsequently amended by S.R. Nos 101/2003, 133/2003, 145/2003 and 22/2004. 2 Reg. 14 (inserted reg. 642(m)): S.R. No. 67/1998 as amended by S.R. No. 67/2002. Endnotes -- 23 of 23 --