Fisheries (Commercial Licences) Regulations 2002

i Fisheries (Commercial Licences) Regulations 2002 S.R. No. 63/2002 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provision 1 3. Definition 2 4. Classes of access licences 2 5. Regulation 209 revoked 2 6. New regulation 238 substituted and regulations 239, 240, 241 and 242 inserted 2 238. Maximum number of licences and licence reductions 2 239. Register of adjustment numbers 4 240. Application to transfer licences 4 241. Grounds for refusing the transfer of certain licences 5 242. Eligibility criteria in relation to certain licences 6 7. Conditions of Eel Fishery Access Licences 6 8. Amendment to regulation 706 6 ═══════════════ ENDNOTES 7 -- 1 of 8 -- 1 STATUTORY RULES 2002 S.R. No. 63/2002 Fisheries Act 1995 Fisheries (Commercial Licences) Regulations 2002 The Governor in Council makes the following Regulations: Dated: 6 August 2002 Responsible Minister: CANDY BROAD Minister for Energy and Resources HELEN DOYE Clerk of the Executive Council 1. Objective The objective of these Regulations is to amend the Fisheries Regulations 1998 by— (a) prescribing the maximum number of licences that may be issued for certain classes of commercial fishery licences; and (b) providing for the reduction of the number of certain classes of commercial fishery licences; and (c) prescribing the procedure for applying to transfer fishery licences; and (d) making various other minor amendments. 2. Authorising provision These Regulations are made under section 153 of the Fisheries Act 1995. -- 2 of 8 -- S.R. No. 63/2002 Fisheries (Commercial Licences) Regulations 2002 2 3. Definition In regulation 105(1) of the Fisheries Regulations 19981 insert the following definition— ' "consolidated licence" means a licence that is issued by the Secretary in the place of 2 licences that were issued in respect of the same fishery;'. 4. Classes of access licences Regulation 201(1)(f) of the Fisheries Regulations 1998 is revoked. 5. Regulation 209 revoked Regulation 209 of the Fisheries Regulations 1998 is revoked. 6. New regulation 238 substituted and regulations 239, 240, 241 and 242 inserted For regulation 238 of the Fisheries Regulations 1998 substitute— "238. Maximum number of licences and licence reductions (1) The maximum number of licences that may be issued for a class of fishery access licence listed in column 1 of the Table is the corresponding base number in column 2 of the Table less the adjustment number for that fishery calculated in accordance with sub-regulation (2). (2) The adjustment number for a class of fishery access licence is the total number of licences of that class that have, since the commencement of the Fisheries (Commercial Licences) Regulations 2002, been— (a) not renewed; r. 3 -- 3 of 8 -- S.R. No. 63/2002 Fisheries (Commercial Licences) Regulations 2002 3 (b) surrendered; (c) consolidated into another licence; (d) cancelled. Column 1 Class of access licence Column 2 Base number Abalone Fishery Access Licence 71 Corner Inlet Fishery Access Licence 20 Eel Fishery Access Licence Type A 18 Giant Crab Fishery Access Licence 44 Gippsland Lakes Fishery Access Licence 18 Gippsland Lakes Fishery (Bait) Access Licence 10 Gippsland Lakes (Mussel Dive) Fishery Access Licence 3 Inland Fishery Access Licence 5 Lake Tyers Fishery Access Licence 3 Lake Tyers Fishery (Bait) Access Licence 3 Mallacoota Lower Lake Fishery Access Licence 4 Mallacoota Lower Lake Fishery (Bait) Access Licence 2 Ocean Fishery Access Licence 452 Port Phillip Bay (Mussel Bait) Fishery Access Licence 2 Purse Seine (Ocean) Fishery Access Licence 2 Purse Seine (Port Phillip Bay) Fishery Access Licence 4 Rock Lobster Fishery Access Licence 139 r. 6 -- 4 of 8 -- S.R. No. 63/2002 Fisheries (Commercial Licences) Regulations 2002 4 Column 1 Class of access licence Column 2 Base number Scallop (Ocean) Fishery Access Licence 94 Snowy River Fishery (Bait) Access Licence 2 Sydenham Inlet Fishery (Bait) Access Licence 2 Trawl (Inshore) Fishery Access Licence 61 Western Port/Port Phillip Bay Fishery Access Licence 52 Wrasse (Ocean) Fishery Access Licence 55 239. Register of adjustment numbers (1) The Secretary must establish and keep current a register that sets out the value of the adjustment number calculated in accordance with regulation 238 in respect of each class of access licence listed in the Table in that regulation. (2) The Secretary must ensure that a copy of the register is available to be inspected at the office of the Secretary by any member of the public during normal business hours. (3) A failure to comply with this section has no effect on regulation 238. 240. Application to transfer licences (1) An application to transfer a fishery licence must be made on the form approved by the Secretary. r. 6 -- 5 of 8 -- S.R. No. 63/2002 Fisheries (Commercial Licences) Regulations 2002 5 (2) An application must— (a) include the name and address of the holder of the fishery licence to be transferred or the holder of a registered financial interest in such a licence; and (b) specify the name and address of the proposed transferee; and (c) specify whether the licence is a licence that is required to be consolidated; and (d) if requested by the Secretary, specify any additional information relating to the application; and (e) if the fishery licence is a licence in respect of which any eligibility criteria are prescribed, the proposed transferee's responses to the questions asked by the Secretary in relation to the eligibility criteria; and (f) be lodged with the Secretary. 241. Grounds for refusing the transfer of certain licences The Secretary must refuse to transfer an access licence if— (a) the licence is in respect of the Corner Inlet Fishery, the Gippsland Lakes Fishery, the Mallacoota Lower Lake Fishery or the Westernport/Port Phillip Bay Fishery and is not a consolidated licence; or (b) the licence is in respect of the Corner Inlet Fishery, the Eel Fishery, the Gippsland Lakes Fishery, the Gippsland Lakes (Bait) Fishery, the Mallacoota Lower Lake Fishery or the Westernport/Port Phillip Bay Fishery r. 6 -- 6 of 8 -- S.R. No. 63/2002 Fisheries (Commercial Licences) Regulations 2002 6 and the proposed transferee does not satisfy, in the Secretary's opinion, any relevant eligibility criterion. 242. Eligibility criteria in relation to certain licences The eligibility criteria that the proposed transferee of a licence in respect of the Corner Inlet Fishery, the Eel Fishery, the Gippsland Lakes Fishery, the Mallacoota Lower Lake Fishery or the Westernport/Port Phillip Bay Fishery must satisfy are— (a) the proposed transferee must have a thorough knowledge of the provisions of the Act and the regulations that are relevant to the particular fishery; and (b) the proposed transferee must be the holder of a certificate of competency issued under the Marine Act 1988 or an appropriate certificate issued in another State, Territory or country.". 7. Conditions of Eel Fishery Access Licences In regulation 307(1) of the Fisheries Regulations 1998, for "and an Eel Fishery Access Licence Type B are" substitute "is". 8. Amendment to regulation 706 After regulation 706(3)(a) of the Fisheries Regulations 1998 insert— "(ab) the person is the holder of a certificate of competency issued under the Marine Act 1988 or an appropriate certificate issued in another State, Territory or country; and". ═══════════════ r. 7 -- 7 of 8 -- S.R. No. 63/2002 Fisheries (Commercial Licences) Regulations 2002 7 ENDNOTES 1 Reg. 3: S.R. No. 23/1998. Reprint No. 2 as at 22 May 2001. Reprinted to S.R. No. 43/2001 and subsequently amended by S.R. Nos 78/2001, 118/2001, 145/2001 and 19/2002. Endnotes -- 8 of 8 --