Fisheries (Miscellaneous Amendments) Regulations 2004

Victorian Legislation Parliamentary Documents i Fisheries (Miscellaneous Amendments) Regulations 2004 S.R. No. 106/2004 TABLE OF PROVISIONS Regulation Page 1. Objectives 1 2. Authorising provision 2 3. Commencement 2 4. Principal Regulations 2 5. Amendment of regulation 105—Definitions 3 6. Amendment of regulation 107—Definitions of fisheries 4 7. Amendment of regulation 201—Revocation of certain classes of access licences 5 8. Amendment of regulation 203—New classes of aquaculture licences 5 9. Revocation of regulations 214 and 215 6 10. Regulations 230, 231 and 231A substituted and new regulations 230A to 230H and 231B to 231C inserted 6 230. Entitlements of Aquaculture (Private Land—Abalone) Licence 6 230A. Entitlements of Aquaculture (Private Land—Eels) Licence 7 230B. Entitlements of Aquaculture (Private Land—Marine) Licence 7 230C. Entitlements of Aquaculture (Private Land— Ornamentals) Licence 8 230D. Entitlements of Aquaculture (Private Land—Other) Licence 8 230E. Entitlements of Aquaculture (Private Land— Salmonids) Licence 9 230F. Entitlements of Aquaculture (Private Land—Warm Water Finfish) Licence 10 230G. Entitlements of Aquaculture (Private Land—Yabbies) Licence 10 230H. Entitlements of Aquaculture (Private Land—Yabbies Multi-waters) Licence 11 231. Entitlements of an Aquaculture (Crown Land—Other) Licence 12 231A. Entitlements of an Aquaculture (Crown Land—Bivalve Shellfish) Licence 12 -- 1 of 29 -- Victorian Legislation Parliamentary Documents Regulation Page ii 231B. Entitlements of an Aquaculture (Crown Land— Abalone) Licence 13 231C. Entitlements of an Aquaculture (Crown Land—Eels) Licence 14 11. Regulation 232 amended 14 12. Regulation 233 substituted 14 13. Regulation 235 amended 15 14. Amendment of regulation 237—Aquaculture (Crown Land) Licence 15 15. Amendment of regulation 318—Conditions of a Rock Lobster Fishery Access Licence 15 16. Amendment of regulation 501—Minimum sizes 15 17. Amendment of regulation 503—Catch Limits 16 18. Amendment of regulation 506—Closed seasons 17 19. Regulations 507 and 508 amended 17 20. Amendment of regulation 533—Offence to use or possess spear gun in certain areas 17 21. Amendment of regulation 536—Offence not to mark rock lobster 19 22. Amendment of regulation 613—Application fees—commercial fisheries licences 19 23. Amendment of regulation 617A—Application fee, transfer fee and levy for Aquaculture (Crown Land) Type A licence 20 617A. Levy for Aquaculture (Crown Land—Bivalve Shellfish) Licence for the Victorian Shellfish Quality Assurance Program". 20 24. Amendment of regulation 638—Designated licence conditions 22 25. New regulation 640A inserted 22 640A. Specified licences for purposes of section 128A 22 26. Amendment of regulation 713—Deemed entitlements to new licences 23 27. Revocation of Schedule 8 25 28. Amendment to Schedule 12—Application and transfer fees for commercial fishery licences 25 29. Amendment of Schedule 13—Designated licence conditions 26 30. Amendment of Schedule 15—Offences specified for purposes of section 128(1)(a) 26 ═══════════════ ENDNOTES 27 -- 2 of 29 -- Victorian Legislation Parliamentary Documents 1 STATUTORY RULES 2004 S.R. No. 106/2004 Fisheries Act 1995 Fisheries (Miscellaneous Amendments) Regulations 2004 The Governor in Council makes the following Regulations: Dated: 18 August 2004 Responsible Minister: BOB CAMERON Minister for Agriculture DIANE CASEY Clerk of the Executive Council 1. Objectives The objectives of these Regulations are— (a) to amend the Fisheries Regulations 1998 to— (i) alter the application of those Regulations in relation to recreational fishing at Lake Hume and Lake Mulwala; (ii) set out entitlements for new categories of aquaculture licences; (iii) set out exemptions in certain circumstances for aquaculture fees and correct references to current levies; (iv) increase a daily bag limit, specify certain catch limits and extend closed fishing seasons; -- 3 of 29 -- Victorian Legislation Parliamentary Documents S.R. No. 106/2004 Fisheries (Miscellaneous Amendments) Regulations 2004 2 (v) prescribe classes of licences applying to indictable offences for sentencing purposes; (vi) provide for licence conditions made by the Secretary with respect to aquaculture licences to be specified as designated licence conditions to enable enforcement by means of penalty infringement notices; (vii) remove spear gun offences from a prohibition offence to enable enforcement by means of penalty infringement notices; (b) to make other miscellaneous minor amendments to the Fisheries Regulations 1998. 2. Authorising provision These Regulations are made under section 153 of the Fisheries Act 1995. 3. Commencement (1) These Regulations, except regulations 5(2), 20, 21 and 26, come into operation on 19 August 2004. (2) Regulation 5(2) comes into operation on 1 September 2004. (3) Regulations 20, 21 and 26 come into operation on 1 November 2004. 4. Principal Regulations In these Regulations, the Fisheries Regulations 19981 are called the Principal Regulations. r. 2 -- 4 of 29 -- Victorian Legislation Parliamentary Documents S.R. No. 106/2004 Fisheries (Miscellaneous Amendments) Regulations 2004 3 5. Amendment of regulation 105—Definitions (1) In regulation 105(2) of the Principal Regulations— (a) in the definition of "Aquaculture (Crown) Licence"— (i) for "Aquaculture (Crown) Licence" substitute "Aquaculture (Crown Land) Licence"; (ii) for paragraph (c) substitute— "(c) Aquaculture (Crown Land— Other) Licence;"; (iii) for paragraph (d) substitute— "(d) Aquaculture (Crown Land— Bivalve Shellfish) Licence;"; (b) in the definition of "Aquaculture (Private Land) Licence" after paragraph (d) insert— "(da) Aquaculture (Private Land—Other) Licence;". (2) In regulation 105(2) of the Principal Regulations— (a) for the definition of "Lake Hume" substitute— ' "Lake Hume" means all waters, when the lake is at full supply level, in— (a) the Murray River arm of the lake, from the weir wall upstream to the point where Seven Mile Creek enters the Murray River on the northern bank of the Murray River; and r. 5 -- 5 of 29 -- Victorian Legislation Parliamentary Documents S.R. No. 106/2004 Fisheries (Miscellaneous Amendments) Regulations 2004 4 (b) the Mitta Mitta River arm of the lake, from the weir wall upstream to the Murray Valley Highway Bridge situated east of Tallangatta— and land covered by such waters;'; (b) for the definition of "Lake Mulwala" substitute— ' "Lake Mulwala" means all waters, when the lake is at full supply level, from the Yarrawonga Weir upstream to the point where the Ovens River enters the Murray River marked by the Bundalong boat ramp, and land covered by such waters;'. 6. Amendment of regulation 107—Definitions of fisheries In regulation 107 of the Principal Regulations, in the Table— (a) in the heading to column 1 of the Table, for "Fishery" substitute "Fishery—Commercial, Aquaculture or Recreational"; (b) in column 1 of the Table, after each item insert "—Commercial"; (c) after the item in relation to "Gippsland Lakes (Mussel Dive)" insert— "Inland waters— Recreational — Recreational fishing equipment Inland waters, including Lake Hume, excluding Lake Mulwala"; (d) omit the item in relation to "Lake Tyers"; r. 6 -- 6 of 29 -- Victorian Legislation Parliamentary Documents S.R. No. 106/2004 Fisheries (Miscellaneous Amendments) Regulations 2004 5 (e) omit the item in relation to "Mallacoota Lake"; (f) after the item in relation to "Mallacoota Lower Lake (Bait)" insert— "Marine waters— Aquaculture — — Marine waters Marine waters— Recreational — Recreational fishing equipment Marine waters"; (g) after the item in relation to "Port Phillip Bay (Mussel Bait)" insert— "Protected waters— Aquaculture — — Protected waters excluding marine waters". 7. Amendment of regulation 201—Revocation of certain classes of access licences Regulations 201(1)(j) and 201(1)(k) of the Principal Regulations are revoked. 8. Amendment of regulation 203—New classes of aquaculture licences In regulation 203 of the Principal Regulations— (a) after paragraph (d) insert— "(da) Aquaculture (Private Land—Other) Licence;"; (b) for paragraph (k) substitute— "(k) Aquaculture (Crown Land—Other) Licence;"; (c) for paragraph (l) substitute— "(l) Aquaculture (Crown Land—Bivalve Shellfish) Licence;". r. 7 -- 7 of 29 -- Victorian Legislation Parliamentary Documents S.R. No. 106/2004 Fisheries (Miscellaneous Amendments) Regulations 2004 6 9. Revocation of regulations 214 and 215 Regulations 214 and 215 of the Principal Regulations are revoked. 10. Regulations 230, 231 and 231A substituted and new regulations 230A to 230H and 231B to 231C inserted For regulations 230, 231 and 231A of the Principal Regulations substitute— "230. Entitlements of Aquaculture (Private Land—Abalone) Licence An Aquaculture (Private Land—Abalone) Licence authorises the licence holder, on the private land and in or on the protected waters covering that land specified in the licence, to— (a) use, form or create a habitat for hatching, rearing, breeding, displaying or growing abalone species specified in the licence for sale or other commercial purposes; (b) hatch, rear, breed, display or grow abalone species specified in the licence for sale or other commercial purposes; (c) use the commercial aquaculture equipment specified in the licence; (d) possess abalone (including a commercial quantity) which has been hatched, reared, bred or grown under the licence at the area specified in the licence; (e) 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; r. 9 -- 8 of 29 -- Victorian Legislation Parliamentary Documents S.R. No. 106/2004 Fisheries (Miscellaneous Amendments) Regulations 2004 7 (f) 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. 230A. Entitlements of Aquaculture (Private Land—Eels) Licence An Aquaculture (Private Land—Eels) Licence authorises the licence holder, on the private land and in or on the protected waters covering that land specified in the licence, to— (a) use, form or create a habitat for hatching, rearing, breeding, displaying or growing eel species specified in the licence for sale or other commercial purposes; (b) hatch, rear, breed, display or grow eel species specified in the licence for sale or other commercial purposes; (c) use the commercial aquaculture equipment specified in the licence. 230B. Entitlements of Aquaculture (Private Land—Marine) Licence An Aquaculture (Private Land—Marine) Licence authorises the licence holder, on the private land and in or on the protected waters covering that land specified in the licence, to— (a) use, form or create a habitat for hatching, rearing, breeding, displaying or growing marine species (other than abalone, ornamental fish and salmonids) specified in the licence for sale or other commercial purposes; r. 10 -- 9 of 29 -- Victorian Legislation Parliamentary Documents S.R. No. 106/2004 Fisheries (Miscellaneous Amendments) Regulations 2004 8 (b) hatch, rear, breed, display or grow marine species (other than abalone, ornamental fish and salmonids) specified in the licence for sale or other commercial purposes; (c) use the commercial aquaculture equipment specified in the licence. 230C. Entitlements of Aquaculture (Private Land—Ornamentals) Licence An Aquaculture (Private Land— Ornamentals) Licence authorises the licence holder, on the private land and in or on the protected waters covering that land specified in the licence, to— (a) use, form or create a habitat for hatching, rearing, breeding, displaying or growing ornamental fish species specified in the licence for sale or other commercial purposes; (b) hatch, rear, breed, display or grow ornamental fish species specified in the licence for sale or other commercial purposes; (c) use the commercial aquaculture equipment specified in the licence. 230D. Entitlements of Aquaculture (Private Land—Other) Licence An Aquaculture (Private Land—Other) Licence authorises the licence holder, on the private land and in or on the protected waters covering that land specified in the licence, to— r. 10 -- 10 of 29 -- Victorian Legislation Parliamentary Documents S.R. No. 106/2004 Fisheries (Miscellaneous Amendments) Regulations 2004 9 (a) use, form or create a habitat for hatching, rearing, breeding, displaying or growing fish species (other than abalone, ornamental fish, eels, salmonids, warm water finfish, yabbies or marine species) specified in the licence for sale or other commercial purposes; (b) hatch, rear, breed, display or grow fish species (other than abalone, ornamental fish, eels, salmonids, warm water finfish, yabbies or marine species) specified in the licence for sale or other commercial purposes; (c) use the commercial aquaculture equipment specified in the licence. 230E. Entitlements of Aquaculture (Private Land—Salmonids) Licence An Aquaculture (Private Land—Salmonids) Licence authorises the licence holder, on the private land and in or on the protected waters covering that land specified in the licence, to— (a) use, form or create a habitat for hatching, rearing, breeding, displaying or growing salmonid species specified in the licence for sale or other commercial purposes; (b) hatch, rear, breed, display or grow salmonid species specified in the licence for sale or other commercial purposes; (c) use the commercial aquaculture equipment specified in the licence. r. 10 -- 11 of 29 -- Victorian Legislation Parliamentary Documents S.R. No. 106/2004 Fisheries (Miscellaneous Amendments) Regulations 2004 10 230F. Entitlements of Aquaculture (Private Land—Warm Water Finfish) Licence An Aquaculture (Private Land—Warm Water Finfish) Licence authorises the licence holder, on the private land and in or on the protected waters covering that land specified in the licence, to— (a) use, form or create a habitat for hatching, rearing, breeding, displaying or growing warm water finfish species specified in the licence for sale or other commercial purposes; (b) hatch, rear, breed, display or grow warm water finfish species specified in the licence for sale or other commercial purposes; (c) use the commercial aquaculture equipment specified in the licence. 230G. Entitlements of Aquaculture (Private Land—Yabbies) Licence An Aquaculture (Private Land—Yabbies) Licence authorises the licence holder, on the private land and in or on the protected waters covering that land specified in the licence, to— (a) use, form or create a habitat for hatching, rearing, breeding, displaying or growing yabby species specified in the licence for sale or other commercial purposes; (b) hatch, rear, breed, display or grow yabby species specified in the licence for sale or other commercial purposes; (c) use the commercial aquaculture equipment specified in the licence. r. 10 -- 12 of 29 -- Victorian Legislation Parliamentary Documents S.R. No. 106/2004 Fisheries (Miscellaneous Amendments) Regulations 2004 11 230H. Entitlements of Aquaculture (Private Land—Yabbies Multi-waters) Licence An Aquaculture (Private Land—Yabbies Multi-waters) Licence authorises the licence holder— (a) on the private land and in or on the protected waters covering that land specified in the licence, to— (i) use, form or create a habitat for hatching, rearing, breeding, displaying or growing yabby species specified in the licence for sale or other commercial purposes; (ii) hatch, rear, breed, display or grow yabby species specified in the licence for sale or other commercial purposes; (iii) use the commercial aquaculture equipment specified in the licence; (iv) harvest yabbies for processing and sale; (b) on land specified on the licence, to— (i) harvest for processing and sale yabby species specified in the licence; (ii) process, store and consign for sale yabby specified in the licence. r. 10 -- 13 of 29 -- Victorian Legislation Parliamentary Documents S.R. No. 106/2004 Fisheries (Miscellaneous Amendments) Regulations 2004 12 231. Entitlements of an Aquaculture (Crown Land—Other) Licence An Aquaculture (Crown Land—Other) Licence authorises the licence holder, on the Crown land and in or on the protected waters covering that land specified in the licence, to— (a) use, form or create a habitat for hatching, rearing, breeding, displaying or growing fish (other than bivalve shellfish for human consumption, abalone or eels) or fishing bait specified in the licence for sale or other commercial purposes; (b) hatch, rear, breed, display or grow fish (other than bivalve shellfish for human consumption, abalone or eels) or fishing bait specified in the licence for sale or other commercial purposes; (c) use commercial aquaculture equipment specified in the licence. 231A. Entitlements of an Aquaculture (Crown Land—Bivalve Shellfish) Licence An Aquaculture (Crown Land—Bivalve Shellfish) Licence authorises the licence holder, on the Crown land and in or on the protected waters covering that land specified in the licence, to (a) use, form or create a habitat for rearing or growing bivalve shellfish specified in the licence for human consumption for sale or other commercial purposes; (b) rear or grow bivalve shellfish specified in the licence for human consumption for sale or other commercial purposes; r. 10 -- 14 of 29 -- Victorian Legislation Parliamentary Documents S.R. No. 106/2004 Fisheries (Miscellaneous Amendments) Regulations 2004 13 (c) use commercial aquaculture equipment specified in the licence. 231B. Entitlements of an Aquaculture (Crown Land—Abalone) Licence An Aquaculture (Crown Land—Abalone) Licence authorises the licence holder, on the Crown land and in or on the protected waters covering that land specified in the licence, to— (a) use, form or create a habitat for hatching, rearing, breeding, displaying or growing abalone (including a commercial quantity) specified in the licence for sale or other commercial purposes; (b) hatch, rear, breed, display or grow abalone (including a commercial quantity) specified in the licence for sale or other commercial purposes; (c) use commercial aquaculture equipment specified in the licence; (d) possess abalone (including a commercial quantity) which has been hatched, reared, bred or grown under the licence at the area specified in the licence; (e) 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; (f) 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. r. 10 -- 15 of 29 -- Victorian Legislation Parliamentary Documents S.R. No. 106/2004 Fisheries (Miscellaneous Amendments) Regulations 2004 14 231C. Entitlements of an Aquaculture (Crown Land—Eels) Licence An Aquaculture (Crown Land—Eels) Licence authorises the licence holder, on the Crown land and in or on the protected waters covering that land specified in the licence, to— (a) use, form or create a habitat for hatching, rearing, breeding, displaying or growing eels specified in the licence for sale or other commercial purposes; (b) hatch, rear, breed, display or grow eels specified in the licence for sale or other commercial purposes; (c) use commercial aquaculture equipment specified in the licence.". 11. Regulation 232 amended (1) Regulations 232(f), 232(l) and 232(m) of the Principal Regulations are revoked. (2) For regulation 232(k) of the Principal Regulations substitute— "(k) every class of Aquaculture Licence;". 12. Regulation 233 substituted For regulation 233 of the Principal Regulations substitute— "233. Classes of commercial fishery licences which may be held by a corporation or body corporate (1) Every class of Fishery Access Licence or Aquaculture Licence may be held by a corporation. (2) Every class of Fish Receiver's Licence may be held by a body corporate.". r. 11 -- 16 of 29 -- Victorian Legislation Parliamentary Documents S.R. No. 106/2004 Fisheries (Miscellaneous Amendments) Regulations 2004 15 13. Regulation 235 amended Regulation 235(f) of the Principal Regulations is revoked. 14. Amendment of regulation 237—Aquaculture (Crown Land) Licence For regulation 237(b) of the Principal Regulations substitute— "(b) every class of Aquaculture (Crown Land) Licence.". 15. Amendment of regulation 318—Conditions of a Rock Lobster Fishery Access Licence For regulation 318(4)(a) of the Principal Regulations substitute— "(a) at 9 a.m. on 13 November each year until the start of the opening of the open season for rock lobster if the boat is in a port or mooring area specified in Schedule 18; and". 16. Amendment of regulation 501—Minimum sizes In regulation 501(2) of the Principal Regulations, in the Table, for the item in relation to "Macquarie perch" substitute— "Macquarie perch (a) Lake Dartmouth and all its tributaries 35 (b) Yarra River and all its tributaries 30 (c) Upper Coliban Reservoir and all its tributaries 30". r. 13 -- 17 of 29 -- Victorian Legislation Parliamentary Documents S.R. No. 106/2004 Fisheries (Miscellaneous Amendments) Regulations 2004 16 17. Amendment of regulation 503—Catch Limits In regulation 503(3) of the Principal Regulations, in the Table— (a) before the item in relation to "Blackfish (River blackfish)" insert— "Australian bass Lake Bullen Merri 5 5"; (b) for the item in relation to "Macquarie perch" substitute— "Macquarie perch (a) Lake Dartmouth and all its tributaries 1 1 (b) Yarra River and all its tributaries 2 2 (c) Upper Coliban Reservoir and all its tributaries 2 2 (d) All other inland waters 0 (protected) 0 (protected)"; (c) for the item in relation to "Spiny freshwater crayfish" substitute— "Spiny freshwater crayfish (a) Glenelg River system and all its tributaries 1 male 0 female (protected) 1 male 0 female (protected) (b) Victorian water other than the Glenelg River system and all its tributaries 5 (of which no more than 1 fish may be equal to or exceed 12 centimetres carapace length) 5 (of which no more than 1 fish may be equal to or exceed 12 centimetres carapace length)". r. 17 -- 18 of 29 -- Victorian Legislation Parliamentary Documents S.R. No. 106/2004 Fisheries (Miscellaneous Amendments) Regulations 2004 17 18. Amendment of regulation 506—Closed seasons In regulation 506(1) of the Principal Regulations, in the Table— (a) after the item in relation to "Murray cod" insert— "Murray spiny freshwater crayfish All inland waters north of the Great Dividing Range 1 September in each year to 30 April in the next year following"; (b) for the item in relation to "Rock lobster (male)" substitute— "Rock lobster (male) All Victorian waters 15 September to 15 November in each year". 19. Regulations 507 and 508 amended (1) Regulations 507(1)(c) and 507(3) of the Principal Regulations are revoked. (2) Regulations 508(1)(b), 508(1)(c), 508(3) and 508(4) of the Principal Regulations are revoked. 20. Amendment of regulation 533—Offence to use or possess spear gun in certain areas (1) In regulation 533(4) of the Principal Regulations, for "speargun" substitute "spear gun". (2) After regulation 533(4) of the Principal Regulations insert— "(5) A person must not use a spear gun— (a) in inland waters; or (b) in the waters of Anderson's Inlet, Corner Inlet, the Gippsland Lakes, Lake Tyers, Mallacoota Inlet, Shallow Inlet, Tamboon Inlet, Wingan Inlet or Curdies Inlet; or r. 18 -- 19 of 29 -- Victorian Legislation Parliamentary Documents S.R. No. 106/2004 Fisheries (Miscellaneous Amendments) Regulations 2004 18 (c) within 30 metres of any jetty or the mouth of any creek or river. Penalty: 20 penalty units. (6) A person must not possess a spear gun— (a) in, on or next to inland waters; or (b) in, on or next to the waters of Anderson's Inlet, Corner Inlet, the Gippsland Lakes, Lake Tyers, Mallacoota Inlet, Shallow Inlet, Tamboon Inlet, Wingan Inlet or Curdies Inlet; or (c) within 30 metres of any jetty or the mouth of any creek or river. Penalty: 20 penalty units. (7) Sub-regulations (5) and (6) do not apply to a person who uses or possesses a spear gun— (a) within 20 metres of the rocky groynes off Rigby Island; or (b) within 20 metres of the barrier in Hopetoun Channel situated west of the barrier landing; or (c) within 50 metres of any of the compass beacons in Eagle Point Bay; or (d) in Lake Victoria between lines running from Wattle Point to Trouser Point and from Waddy Point to Pelican Point. (8) Sub-regulation (6) does not apply to a person— (a) who possesses a spear gun in a boat proceeding by the most direct route to or from a boat ramp or mooring to waters in which the use of a spear gun is permitted; or r. 20 -- 20 of 29 -- Victorian Legislation Parliamentary Documents S.R. No. 106/2004 Fisheries (Miscellaneous Amendments) Regulations 2004 19 (b) who— (i) possesses a cross-bow having a draw weight of no less than 36·6 kilograms for the purposes of hunting deer in accordance with regulations 28(1)(f) and 28(2)(f) of the Wildlife (Game) Regulations 2001; and (ii) holds a game licence endorsed for deer under section 22A of the Wildlife Act 1975.". 21. Amendment of regulation 536—Offence not to mark rock lobster In regulation 536(2) of the Principal Regulations, for "Sub-regulations (1)(b)(b)(ii)" substitute "Sub-regulation (1)(b)(ii)". 22. Amendment of regulation 613—Application fees— commercial fisheries licences For regulation 613(2) of the Principal Regulations substitute— "(2) Despite sub-regulation (1)— (a) a person who applies for more than one aquaculture licence to conduct aquaculture activities at the same specified area is liable to pay for one application fee only in discharge of the application fees which would otherwise be individually payable for the licences; (b) a person who applies for an Aquaculture (Private Land— Multiwaters) Licence is not liable to pay the application fee which would otherwise be individually payable if that person holds a current Aquaculture (Private Land—Yabbies) Licence r. 21 -- 21 of 29 -- Victorian Legislation Parliamentary Documents S.R. No. 106/2004 Fisheries (Miscellaneous Amendments) Regulations 2004 20 which specifies the same specified area on the application; (c) a person who applies for an Aquaculture (Private Land—Yabbies) Licence is not liable to pay the application fee which would otherwise be individually payable if that person holds a current Aquaculture (Private Land—Multiwaters) Licence which specifies the same specified area on the application. (3) For the purposes of sub-regulation (2)(a), the application fee payable is the fee which is the highest of each of the application fees which otherwise would be individually payable in respect of the licences under the application.". 23. Amendment of regulation 617A—Application fee, transfer fee and levy for Aquaculture (Crown Land) Type A Licence (1) For the heading to regulation 617A of the Principal Regulations substitute— "617A. Levy for Aquaculture (Crown Land— Bivalve Shellfish) Licence for the Victorian Shellfish Quality Assurance Program". (2) Regulations 617A(1), 617A(2) and 617A(3) of the Principal Regulations are revoked. (3) In regulations 617A(4), 617A(5) and 617A(7) of the Principal Regulations, for "Aquaculture (Crown Land—Type A) Licence" substitute "Aquaculture (Crown Land—Bivalve Shellfish) Licence". r. 23 -- 22 of 29 -- Victorian Legislation Parliamentary Documents S.R. No. 106/2004 Fisheries (Miscellaneous Amendments) Regulations 2004 21 (4) For regulation 617A(6) of the Principal Regulations substitute— "(6) The levy payable for the administration of the Victorian Shellfish Quality Assurance Program for each growing area in which the holder of the Aquaculture (Crown Land— Bivalve Shellfish) Licence is licensed to operate, is an amount calculated in accordance with the following formula— 3 NHG TGA ETVC TA ETFC ×       + where ETFC is the estimated total fixed costs of the Secretary for administering the Victorian Shellfish Quality Assurance Program for the period in which the levy will apply, for each holder of an Aquaculture (Crown Land—Bivalve Shellfish) Licence at the time the declaration is made under sub- regulation (5); TA is the total area in hectares to which Aquaculture (Crown Land—Bivalve Shellfish) Licences apply at the time the declaration is made under sub- regulation (5); ETVC is the estimated total variable costs of the Secretary for administering the Victorian Shellfish Quality Assurance Program for the growing area for the period in which the levy will apply; r. 23 -- 23 of 29 -- Victorian Legislation Parliamentary Documents S.R. No. 106/2004 Fisheries (Miscellaneous Amendments) Regulations 2004 22 TGA is the total area in hectares of Aquaculture (Crown Land— Bivalve Shellfish) Licences in the growing area; NHG is the number of hectares of the growing area held by the holder of the Aquaculture (Crown Land—Bivalve Shellfish) Licence at the time the declaration is made under sub- regulation (5).". 24. Amendment of regulation 638—Designated licence conditions In regulation 638 of the Principal Regulations— (a) in paragraph (a) before "any conditions" insert "in respect of a fishery access licence or a fish receiver's licence,"; (b) after paragraph (a) insert— "(ba) in respect of an aquaculture licence, any conditions that are expressed or referred to on the licence under section 52(a) of the Act and specified as being designated licence conditions; and". 25. New regulation 640A inserted After regulation 640 of the Principal Regulations insert— "640A. Specified licences for purposes of section 128A The following licences are specified for the purposes of section 128A of the Act— (a) all classes of fishery access licences; (b) all classes of aquaculture licences.". r. 24 -- 24 of 29 -- Victorian Legislation Parliamentary Documents S.R. No. 106/2004 Fisheries (Miscellaneous Amendments) Regulations 2004 23 26. Amendment of regulation 713—Deemed entitlements to new licences (1) Before regulation 713(3) of the Principal Regulations insert— "(2A) A person who, immediately before the commencement of regulation 26 of the Fisheries (Miscellaneous Amendments) Regulations 2004, held a licence of a class specified in Column 1 of Table BA, that had an entitlement specified in Column 2 of that Table opposite that licence, is deemed to be, on and from the commencement of that regulation, the holder of a licence of the class specified in Column 3 of that Table that is set out opposite the licence in Column 1 and that licence is deemed to continue in force, unless otherwise cancelled, suspended or surrendered until 31 October 2004. Table BA—Further Aquaculture (Crown Land) Licences Column 1 Aquaculture Licence class Column 2 Entitlement on licence Column 3 New licence class Aquaculture (Crown Land) Licence If the species permitted to be kept on the licence is a species other than bivalve shellfish for human consumption, abalone or eel Aquaculture (Crown Land—Other) Licence; or Aquaculture (Crown Land) Type A Licence If the species permitted to be kept on the licence is abalone Aquaculture (Crown Land— Abalone) Licence; or r. 26 -- 25 of 29 -- Victorian Legislation Parliamentary Documents S.R. No. 106/2004 Fisheries (Miscellaneous Amendments) Regulations 2004 24 Column 1 Aquaculture Licence class Column 2 Entitlement on licence Column 3 New licence class Aquaculture (Crown Land) Type A Licence If the species permitted to be kept on the licence is bivalve shellfish produced for human consumption in an area monitored under the Victorian Shellfish Quality Assurance Program Aquaculture (Crown Land— Bivalve Shellfish) Licence ". (2) At the end of regulation 713 of the Principal Regulations insert— "(4) A person who, immediately before the commencement of regulation 26 of the Fisheries (Miscellaneous Amendments) Regulations 2004, held a licence of a class specified in Column 1 of Table D, that had an entitlement specified in Column 2 of that Table opposite that licence, is deemed to be, on and from the commencement of that regulation, the holder of a licence of the class specified in Column 3 of that Table that is set out opposite the licence in Column 1 and that licence is deemed to continue in force, unless otherwise cancelled, suspended or surrendered until 31 October 2004. r. 26 -- 26 of 29 -- Victorian Legislation Parliamentary Documents S.R. No. 106/2004 Fisheries (Miscellaneous Amendments) Regulations 2004 25 Table D—Further Aquaculture (Private Land) Licences Column 1 Aquaculture Licence class Column 2 Entitlement on licence Column 3 New licence class Aquaculture (Private Land) Licence If the species permitted to be kept on the licence is a fish other than abalone, eel, ornamental, salmonid, warm water finfish, yabby or marine species Aquaculture (Private Land— Other) Licence ". 27. Revocation of Schedule 8 Schedule 8 to the Principal Regulations is revoked. 28. Amendment to Schedule 12—Application and transfer fees for commercial fishery licences (1) In Schedule 12 to the Principal Regulations, in Table A— (a) after item 30 insert— "30A. Aquaculture (Private Land—Other) Licence 27·8 fee units 18·9 fee units"; (b) in column 2, in item 35 for "Aquaculture (Crown Land) Type A Licence" substitute "Aquaculture (Crown Land—Bivalve Shellfish) Licence". r. 27 -- 27 of 29 -- Victorian Legislation Parliamentary Documents S.R. No. 106/2004 Fisheries (Miscellaneous Amendments) Regulations 2004 26 (2) In Schedule 12 to the Principal Regulations, in Table B— (a) for "Eel Fishery Access Licence Type A" substitute "Eel Fishery Access Licence"; (b) after the item in relation to "Aquaculture (Private Land—Ornamentals) Licence" insert— "Aquaculture (Private Land— Other) Licence $64 $26 $0 $154 $181 $425"; (c) for the heading "Aquaculture (Crown)" substitute "Aquaculture (Crown Land)"; (d) for "Aquaculture (Crown Land) Licence" substitute "Aquaculture (Crown Land— Other) Licence"; (e) for "Aquaculture (Crown Land) Type A Licence" substitute "Aquaculture (Crown Land—Bivalve Shellfish) Licence". 29. Amendment of Schedule 13—Designated licence conditions In Schedule 13 to the Principal Regulations— (a) omit "335(2)(g)"; and (b) for "336(2)(b)" substitute "336(2)". 30. Amendment of Schedule 15—Offences specified for purposes of section 128(1)(a) In Schedule 15 to the Principal Regulations, after "Section 119(1)" insert "Sections 119A and 119B". ═══════════════ r. 29 -- 28 of 29 -- Victorian Legislation Parliamentary Documents S.R. No. 106/2004 Fisheries (Miscellaneous Amendments) Regulations 2004 27 ENDNOTES 1 Reg. 4: S.R. No. 23/1998. Reprint No. 4 as at 8 April 2004. Reprinted to S.R. No. 27/2004 and subsequently amended by S.R. No. 88/2004. Endnotes -- 29 of 29 --