Fisheries (Amendment) Regulations 2003
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Fisheries (Amendment) Regulations 2003
S.R. No. 133/2003
TABLE OF PROVISIONS
Regulation Page
1. Objective 1
2. Authorising provision 2
3. Commencement 2
4. Amendments to definitions 2
5. Definitions of fisheries 4
6. Classes of access licence 4
7. Entitlements of Eel Fishery Access Licence 5
8. Entitlements of Giant Crab Fishery Access Licence 5
9. Revocation of Inland Fishery Access Licence 6
10. Restriction on use of drum as equipment by Ocean Fishery
Access Licence Holder 6
11. Entitlements of Rock Lobster Fishery Access Licence 6
12. Insertion of regulation 220A 6
220A. Rock lobster pot entitlements 6
13. Entitlements of Western Port/Port Phillip Bay Fishery Access
Licence 7
14. Consequential amendments 7
15. Maximum number of licences and licence reductions 7
16. Conditions of Abalone Fishery Access Licence 7
17. Amendment to conditions of Eel Fishery Access Licences 8
18. Amendments to conditions of a Giant Crab Fishery Access
Licence 9
19. Conditions of Gippsland Lakes Fishery Access Licences 13
20. Revocation of Inland Fishery Access Licence conditions 13
21. Amendments to conditions of a Rock Lobster Fishery Access
Licence 13
22. Amendment to conditions of Trawl (Inshore) Fishery Access
Licences 17
23. Conditions of a Western Port/Port Phillip Bay Fishery Access
Licence 18
24. Requirement to mark abalone packaging 18
25. Minimum sizes 18
26. Method for measuring the size of bug 19
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27. Offence to possess or land rock lobster unless the tail and
carapace are attached 19
519A. Offence to possess or land rock lobster unless the tail
and carapace are attached 19
28. Access licence holder must mark equipment 20
29. Specifications for certain fishing equipment 20
30. Revocation of temporary provisions 20
31. Substitution of regulation 711 20
711. Transitional provisions for Eel Fishery Access
Licences Type A 20
32. Substitution of regulation 712 21
712. Expiry of regulations 21
33. Revocation of transitional provision 21
═══════════════
ENDNOTES 22
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STATUTORY RULES 2003
S.R. No. 133/2003
Fisheries Act 1995
Fisheries (Amendment) Regulations 2003
The Governor in Council makes the following Regulations:
Dated: 11 November 2003
Responsible Minister:
BOB CAMERON
Minister for Agriculture
SUDHA KASYNATHAN
Acting Clerk of the Executive Council
1. Objective
The objective of these Regulations is to amend the
Fisheries Regulations 19981—
(a) to amend the conditions of Abalone Fishery
Access Licences; and
(b) to amend conditions of Fish Receivers'
(Abalone) Licences; and
(c) to amend the conditions of Eel Fishery
Access Licences; and
(d) to amend the entitlements and conditions of
Giant Crab Fishery Access Licences; and
(e) to amend the entitlements and conditions of
Rock Lobster Fishery Access Licences; and
(f) to amend the conditions of Trawl (Inshore)
Fishery Access Licences in relation to bugs
and sharks; and
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(g) to amend the conditions of Western Port/Port
Phillip Bay Fishery Access Licences; and
(h) to amend the conditions of Gippsland Lakes
Fishery Access Licences; and
(i) to revoke the regulations relating to the
Inland Fishery Access Licence; and
(j) to amend and introduce minimum sizes of
certain species and the methods of
measurement; and
(k) to make various consequential and other
amendments.
2. Authorising provision
These Regulations are made under section 153 of
the Fisheries Act 1995.
3. Commencement
These Regulations come into operation on
14 November 2003.
4. Amendments to definitions
(1) In regulation 105(2) of the Fisheries Regulations
1998 insert the following definition—
' "landed" means the place where fish—
(a) are taken ashore; or
(b) make contact with any man-made fixed
structure, including a pier, jetty, or
wharf; or
(c) make contact with any artificial
extension of land;'.
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(2) In regulation 105(2) of the Fisheries Regulations
1998—
(a) in the definition of "fyke net"—
(i) in paragraph (d) omit ", having a drop
of no more than 67 centimetres"; and
(ii) after paragraph (d) insert—
"and
(e) the frame at the mouth of the net
not exceeding 67 centimetres in
height;";
(b) the definition of "giant crab pot" is revoked;
(c) for the definition of "place of landing"
substitute—
' "place of landing" means—
(a) for the purposes of giant crab and
rock lobster fishing, the place
nearest to which the rock lobster
or giant crab is landed where the
licence holder can reasonably
comply with the licence
conditions; and
(b) for the purpose of abalone fishing,
a place (other than a boat) that
is—
(i) listed in Schedule 19 and is
adjacent to Victorian waters
where abalone is unloaded or
disembarked; or
(ii) authorised by the Secretary;';
(d) in the definition of "rock lobster pot", after
"taking of rock lobster" insert "or giant
crab";
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(e) in the definition of "specified details"—
(i) in paragraph (f), after "a coff" insert
", wetwell or other holding tank";
(ii) after paragraph (h) insert—
"(ha) in respect of the prior reporting of
landing giant crab from a wetwell
or other holding tank by the holder
of a Giant Crab Fishery Access
Licence, the following details—
(i) the number allocated by the
Secretary to identify the
licence;
(ii) the number of giant crab to
be landed;
(iii) the estimated time at which
the giant crab will be landed;
(iv) the port or mooring area at
which the giant crab will be
landed;".
5. Definitions of fisheries
In regulation 107 of the Fisheries Regulations
1998, in the Table—
(a) in the item relating to the Giant Crab fishery,
for "Giant crab pots" substitute "Rock
lobster pots";
(b) omit the item relating to the Inland fishery.
6. Classes of access licence
In regulation 201(1) of the Fisheries Regulations
1998—
(a) in paragraph (e) omit "Type A";
(b) paragraph (i) is revoked.
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7. Entitlements of Eel Fishery Access Licence
In the Fisheries Regulations 1998—
(a) insert the following heading in regulation
208—
"Entitlements of Eel Fishery Access
Licence";
(b) in regulation 208 omit "Type A".
8. Entitlements of Giant Crab Fishery Access Licence
(1) In regulation 209A of the Fisheries Regulations
1998—
(a) in paragraph (a), for "giant crab" substitute
"rock lobster";
(b) in paragraph (c), for "licence—" substitute
"licence; and";
(c) after paragraph (c) insert—
"(d) to use the rock lobster pots specified in
the Rock Lobster Fishery Access
Licence that is specified in the
licence—".
(2) At the end of regulation 209A of the Fisheries
Regulations 1998 insert—
"(2) In addition to the entitlements in sub-
regulation (1)(d), a licence holder who holds
60 or more quota units in the giant crab
fishery may use a number of additional rock
lobster pots determined by the Secretary and
specified in the licence for the purpose of
catching giant crab.
(3) The Secretary may determine the additional
number of rock lobster pots for the purposes
of sub-regulation (2) and in making that
determination, the Secretary is bound by any
relevant fisheries management plan.".
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9. Revocation of Inland Fishery Access Licence
Regulation 213 of the Fisheries Regulations 1998
is revoked.
10. Restriction on use of drum as equipment by Ocean
Fishery Access Licence Holder
(1) In regulation 216(b) of the Fisheries Regulations
1998, after "trawl net," insert "mechanically
powered drum with line and squid jigs attached,".
(2) At the end of regulation 216 of the Fisheries
Regulations 1998 insert—
"(2) Despite sub-regulation (1)(b), an Ocean
Fishery Access Licence authorises the
licence holder to use a drum with line and
squid jigs attached whilst operating from a
vessel that is also nominated on a
Commonwealth Southern Squid Fishery
Permit.".
11. Entitlements of Rock Lobster Fishery Access
Licence
For regulation 220(a) of the Fisheries Regulations
1998 substitute—
"(a) use the number of rock lobster pots specified
in the licence; and".
12. Insertion of regulation 220A
After regulation 220 of the Fisheries Regulations
1998 insert—
"220A. Rock lobster pot entitlements
(1) For the purposes of regulation 220(a), the
Secretary must specify—
(a) a minimum of 20 rock lobster pots on a
licence to operate in the western rock
lobster zone; or
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(b) a minimum of 15 rock lobster pots on a
licence to operate in the eastern rock
lobster zone.
(2) Despite sub-regulation (1), the Secretary
may specify fewer rock lobster pots than the
minimum required by sub-regulation (1) if
the licence holder does not operate in the
rock lobster fishery.".
13. Entitlements of Western Port/Port Phillip Bay
Fishery Access Licence
In regulation 225(a)(ii) of the Fisheries
Regulations 1998, after "mesh net," insert
"flounder net,".
14. Consequential amendments
In regulations 232(c), 233(k), 234(b) and 235(b)
of the Fisheries Regulations 1998 omit "Type A".
15. Maximum number of licences and licence reductions
In the Table in regulation 238 of the Fisheries
Regulations 1998—
(a) in the item relating to the Eel Fishery Access
Licence Type A omit "Type A";
(b) omit the item relating to the Inland Fishery
Access Licence.
16. Conditions of Abalone Fishery Access Licence
After regulation 303(4) of the Fisheries
Regulations 1998 insert—
"(5) If the Secretary authorises the licence holder
to land abalone at a place of landing not
listed in Schedule 19 and the licence holder
has complied with the conditions specified in
the licence, then regulation 303(3)(l)(i) does
not apply to the licence holder.".
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17. Amendment to conditions of Eel Fishery Access
Licences
(1) In regulation 307(1) of the Fisheries Regulations
1998 omit "Type A".
(2) For regulations 307(2)(b) and 307(2)(c) of the
Fisheries Regulations 1998 substitute—
"(b) must ensure that every fyke net used—
(i) is clearly marked with a surface float
marked with the access licence number;
or
(ii) is identified in the manner approved by
the Secretary under sub-regulation (3);
and
(c) must not use in waters specified in the
licence—
(i) more than the number of fyke nets
specified in accordance with sub-
regulation (4); or
(ii) where no maximum is specified, more
than a total of 50 fyke nets; and".
(3) After regulation 307(2) of the Fisheries
Regulations 1998 insert—
"(3) The Secretary may, on application by a
licence holder, approve a method of marking
fyke nets which is specified in the licence for
one or more bodies of water.
(4) The Secretary may specify on a licence a
maximum number of fyke nets that the
licence holder may use or possess in, on or
next to particular Victorian waters under the
licence.".
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18. Amendments to conditions of a Giant Crab Fishery
Access Licence
(1) After regulation 307A(1) of the Fisheries
Regulations 1998 insert—
"(1A) The Secretary must specify on a Giant Crab
Fishery Access Licence the Rock Lobster
Fishery Access Licence held by that licence
holder which specifies the same boat and
operator as that specified in the Giant Crab
Fishery Access Licence.
(1B) The Secretary must not grant an application
for the transfer of a Giant Crab Fishery
Access Licence unless the proposed
transferee is the holder of a Rock Lobster
Fishery Access Licence for the western rock
lobster zone.".
(2) In regulation 307A(2) of the Fisheries Regulations
1998—
(a) in paragraphs (a)(i), (a)(ii), (a)(iii), (d) and
(e), for "giant crab pot" substitute "rock
lobster pot";
(b) in paragraph (f), for "giant crab pots
specified in" substitute "rock lobster pots
permitted under";
(c) after paragraph (f) insert—
"(fa) must not, in the area which lies between
longitudes 143° 10' east and 143° 40'
east and inside a depth of 150 metres—
(i) use or have on board a boat more
than 50 rock lobster pots in
respect of each licence operated
from the boat in that area; and
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(ii) operate more than 2 Giant Crab
Fishery Access Licences from a
boat (regardless of whether or not
those licences are held by the
licence holder); and";
(d) for paragraphs (m) to (p) substitute—
"(m) must not have on board a boat any rock
lobster pot if—
(i) the giant crab quota unit balance
in relation to the licence is zero or
less; and
(ii) the licence holder's rock lobster
quota unit balance in relation to
the Rock Lobster Fishery Access
Licence specified in the licence is
zero or less; and
(n) must not set or immerse a rock lobster
pot in Victorian waters if—
(i) the giant crab quota unit balance
in relation to the licence is zero or
less; and
(ii) the licence holder's rock lobster
quota unit balance in relation to
the Rock Lobster Fishery Access
Licence specified in the licence is
zero or less; and";
(e) in paragraph (q), for "giant crab" substitute
"rock lobster";
(f) after paragraph (v) insert—
"(va) must ensure that any change to the
report provided under paragraph (v)
that giant crab would not be landed, is
provided to the Secretary and
confirmed as correct via the giant crab
notification service—
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(i) no later than 15 minutes after
entering the port or mooring area;
and
(ii) at least 30 minutes prior to the
commencement of landing; and
(vb) if—
(i) the licence holder has reported
under paragraph (v) that giant crab
would not be landed; and
(ii) that report has not been changed
in accordance with
paragraph (va)—
the licence holder must ensure that at
least 1 hour prior to landing any giant
crab from a wetwell or other holding
tank on a boat already in a port or
mooring area, the specified details are
provided to the Secretary and
confirmed as correct via the giant crab
notification service; and";
(g) in paragraph (zd), after "allow the giant
crab" insert "to enter any vehicle that
already contains fish,";
(h) in paragraph (ze)—
(i) after "allow the giant crab" insert "to
enter any vehicle that already contains
fish,";
(ii) in sub-paragraph (ii), for "landing site"
substitute "place of landing";
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(iii) after sub-paragraph (ii) insert—
"(iii) if more than 2 giant crab leave the
place of landing, the original catch
disposal record is placed into the
waterproof envelope approved or
provided by the Secretary and the
envelope is sealed; and";
(i) paragraph (zf) is revoked;
(j) in paragraph (zg), after "the giant crab"
insert "to enter any vehicle that already
contains fish,".
(3) In regulation 307A(3) of the Fisheries Regulations
1998, for "giant crab pot" substitute "rock lobster
pot".
(4) In regulations 307A(4) and 307A(7) of the
Fisheries Regulations 1998, for "giant crab pots"
(wherever occurring) substitute "rock lobster
pots".
(5) For regulation 307A(5) of the Fisheries
Regulations 1998 substitute—
"(5) Despite sub-regulation (2)(fa)(i), a licence
holder may have on board more than 50 rock
lobster pots in respect of each licence
attached to a boat if that boat is in transit
through that part of the western rock lobster
fishing zone described in sub-regulation
(2)(fa) with the prior approval of an
authorised officer.".
(6) In regulation 307A(11)(c) of the Fisheries
Regulations 1998, for "of that authorisation"
substitute "specified in the licence".
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19. Conditions of Gippsland Lakes Fishery Access
Licences
In regulation 308(2) of the Fisheries Regulations
1998—
(a) in paragraph (s), for "traps." substitute
"traps; and"; and
(b) after paragraph (s) insert—
"(t) must not use more than 2 bait pumps.".
20. Revocation of Inland Fishery Access Licence
conditions
Regulation 311 of the Fisheries Regulations 1998
is revoked.
21. Amendments to conditions of a Rock Lobster
Fishery Access Licence
(1) In regulation 318(2) of the Fisheries Regulations
1998—
(a) for paragraph (h) substitute—
"(h) must not, in that part of the western
rock lobster fishing zone which lies
between longitudes 143° 10' east and
143° 40' east and inside a depth of
150 metres—
(i) use or have on board a boat more
than 50 rock lobster pots in
respect of each licence operated
from the boat in that area; and
(ii) operate more than 2 Rock Lobster
Fishery Access Licences from a
boat (regardless of whether or not
those licences are held by the
licence holder); and";
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(b) after paragraph (i) insert—
"(ia) must not, personally, or in association
or conjunction with one or more other
licence holders, use or have on board a
boat more than—
(i) 140 rock lobster pots in the
western rock lobster zone; and
(ii) 120 rock lobster pots in the
eastern rock lobster zone—
regardless of the number of rock lobster
pots specified in the licence held by the
licence holder and the number of Rock
Lobster Fishery Access Licences
attached to the boat; and";
(c) after paragraph (u) insert—
"(ua) must ensure that any change to a report
under paragraph (u) that rock lobster
would not be landed, is provided to the
Secretary and confirmed as correct via
the rock lobster notification service—
(i) no later than 15 minutes after
entering the port or mooring area;
and
(ii) at least 30 minutes prior to the
commencement of landing; and";
(d) in paragraph (v), for "landing rock lobster"
substitute "entering the port or mooring
area";
(e) for paragraph (w) substitute—
"(w) if—
(i) the licence holder has reported
under paragraph (u) that rock
lobster would not be landed; and
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(ii) that report has not been changed
in accordance with paragraph
(ua)—
the licence holder must ensure that at
least 1 hour prior to landing any rock
lobster from a coff or wetwell or other
holding tank on a boat already in a port
or mooring area, the specified details
are provided to the Secretary and
confirmed as correct via the rock
lobster notification service; and";
(f) in paragraph (ze), after "allow the rock
lobster" insert "to enter any vehicle that
already contains fish,";
(g) in paragraph (zf)—
(i) after "allow the rock lobster" insert "to
enter any vehicle that already contains
fish,";
(ii) omit "the licence holder";
(iii) in sub-paragraph (i), before "has
complied with" insert "the licence
holder";
(iv) in sub-paragraph (ii), for "landing site"
substitute "place of landing";
(v) after sub-paragraph (ii) insert—
"(iii) if more than 2 rock lobster leave
the place of landing, the original
catch disposal record is placed
into the waterproof envelope
approved or provided by the
Secretary and the envelope is
sealed; and";
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(h) paragraphs (zg) and (zq) to (zu) are revoked;
(i) in paragraph (zh), after "the rock lobster"
insert "to enter any vehicle that already
contains fish,";
(j) in paragraph (zp), for "coff; and" substitute
"coff.".
(2) After regulation 318(6) of the Fisheries
Regulations 1998 insert—
"(6A) Despite sub-regulation (2)(h)(i), a licence
holder may have on board more than 50 rock
lobster pots in respect of each licence
attached to a boat if that boat is in transit
through that part of the western rock lobster
fishing zone described in sub-regulation
(2)(h) with the prior approval of an
authorised officer.".
(3) In regulation 318(8) of the Fisheries Regulations
1998—
(a) in paragraph (b), for "officer." substitute
"officer; or"; and
(b) after paragraph (b) insert—
"(c) the licence holder holds a Giant Crab
Fishery Access Licence and the giant
crab quota unit balance in relation to
that licence is greater than zero.".
(4) After regulation 318(8) of the Fisheries
Regulations 1998 insert—
"(8A) Despite sub-regulation (2)(o), a licence
holder may set or immerse a rock lobster pot
in Victorian waters if the licence holder
holds a Giant Crab Fishery Access Licence
and the giant crab quota unit balance in
relation to that licence is greater than zero.".
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(5) In regulation 318(12)(c) of the Fisheries
Regulations 1998, for "of that authorisation"
substitute "specified in the licence".
22. Amendment to conditions of Trawl (Inshore)
Fishery Access Licences
In regulation 322(2) of the Fisheries Regulations
1998—
(a) for paragraph (a) substitute—
"(a) must not on any one day—
(i) take, possess or retain on board
any boat more than a total
combined number of 2 gummy
shark and school shark; or
(ii) land from any boat more than a
total combined number of
2 gummy shark and school shark;
and";
(b) in paragraph (b), for "10 kilograms"
substitute "40 kilograms";
(c) after paragraph (b) insert
"(c) must not take, possess or retain on
board any boat, bugs of the species
ibacus peronii that have a carapace
width of less than 9 centimetres; and";
(d) in paragraph (i), after "under the
Commonwealth Act for the South East Trawl
fishery" insert "or on a fishing concession
granted by the Australian Fisheries
Management Authority".
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23. Conditions of a Western Port/Port Phillip Bay
Fishery Access Licence
(1) In regulation 323(2) of the Fisheries
Regulations 1998—
(a) in paragraph (d)(i), after "a mesh net" insert
"or combination of mesh nets";
(b) in paragraph (d)(iii), after "a flounder net"
insert "or combination of flounder nets";
(c) in paragraph (k), after "mesh nets" insert
"or flounder nets".
(2) In regulation 323(3)(i) of the Fisheries
Regulations 1998, after "mesh nets" insert
"or flounder nets".
24. Requirement to mark abalone packaging
After regulation 330A(2) of the Fisheries
Regulations 1998 insert—
"(3) Sub-regulation (1) does not apply to a person
who consigns abalone approved by AQIS for
the purpose of export if that person is the
holder of a Fish Receivers' (Abalone)
Licence or is acting under that licence.".
25. Minimum sizes
In regulation 501(1) of the Fisheries Regulations
1998, in the Table—
(a) omit the item relating to Eel (long finned
and short finned);
(b) for the item relating to Shark, snapper
substitute—
"Shark, school 45".
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26. Method for measuring the size of bug
In regulation 502 of the Fisheries Regulations
1998
(a) in paragraph (h), for "tail fin." substitute
"tail fin; and";
(b) after paragraph (h) insert
"(i) in the case of bug of the species ibacus
peronii, the width must be measured
from spike to spike at the widest point
of the carapace, whether or not it is
broken or damaged.".
27. Offence to possess or land rock lobster unless the
tail and carapace are attached
After regulation 519 of the Fisheries Regulations
1998 insert—
"519A. Offence to possess or land rock lobster
unless the tail and carapace are attached
(1) A person must not in, on or next to Victorian
waters possess or land or cause to be landed
any rock lobster unless the tail and carapace
of that rock lobster are attached to each
other.
Penalty: 20 penalty units.
(2) Sub-regulation (1) does not apply to a person
who is the holder of a commercial fishery
licence authorising the landing of rock
lobster.
Note: Holders of commercial fishery licences have
been exempted from this provision to avoid
duplication of offences, as this provision is
also a condition of particular licences.".
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28. Access licence holder must mark equipment
In regulation 527 of the Fisheries Regulations
1998—
(a) in paragraph (a)(i), after "trap," insert "crab
pot,";
(b) paragraphs (ba) and (bb) are revoked.
29. Specifications for certain fishing equipment
(1) For regulation 631(1) of the Fisheries Regulations
1998 substitute—
"(1) The specifications for a rock lobster pot are
as specified in sub-regulations (2) and (3).".
(2) In regulations 631(2) and 631(4) of the Fisheries
Regulations 1998 omit "or giant crab pot"
(wherever occurring).
30. Revocation of temporary provisions
Regulations 706, 707 and 708 of the Fisheries
Regulations 1998 are revoked.
31. Substitution of regulation 711
For regulation 711 of the Fisheries Regulations
1998 substitute—
"711. Transitional provisions for Eel Fishery
Access Licences Type A
A person who immediately before
14 November 2003 was the holder of an Eel
Fishery Access Licence Type A is deemed to
hold an Eel Fishery Access Licence until the
date on which the Eel Fishery Access
Licence Type A is due to be renewed.".
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21
32. Substitution of regulation 712
For regulation 712 of the Fisheries Regulations
1998 substitute—
"712. Expiry of regulations
Regulations 307A(2)(fa) and 318(2)(h)
expire on 15 November 2007.".
33. Revocation of transitional provision
Regulation 713 of the Fisheries Regulations 1998
is revoked.
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r. 32
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Victorian Legislation and Parliamentary Documents
S.R. No. 133/2003
Fisheries (Amendment) Regulations 2003
22
ENDNOTES
1 Reg. 1: S.R. No. 23/1998. Reprint No. 3 as at 20 May 2003. Subsequently
amended by S.R. No. 101/2003.
Endnotes
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