Conservation, Forests and Lands (Infringement Notice) (Fisheries) Regulations 2001
i
Conservation, Forests and Lands (Infringement
Notice) (Fisheries) Regulations 2001
S.R. No. 36/2001
TABLE OF PROVISIONS
Regulation Page
1. Objectives 1
2. Authorising provisions 1
3. Amendment to Schedule of Offences 2
═══════════════
ENDNOTES 11
-- 1 of 12 --
1
STATUTORY RULES 2001
S.R. No. 36/2001
Conservation, Forests and Lands Act 1987
Conservation, Forests and Lands (Infringement
Notice) (Fisheries) Regulations 2001
The Governor in Council makes the following Regulations:
Dated: 24 April 2001
Responsible Minister:
CANDY BROAD
Minister for Energy and Resources
HELEN DOYE
Clerk of the Executive Council
1. Objectives
The objectives of these Regulations are to amend
the Schedule to the Conservation, Forests and
Lands (Infringement Notice) Regulations 1992—
(a) to prescribe further offences against a
relevant law for which an infringement
notice may be served; and
(b) to prescribe the penalties for those
prescribed offences.
2. Authorising provisions
These Regulations are made under sections 91 and
99 of the Conservation, Forests and Lands Act
1987.
-- 2 of 12 --
S.R. No. 36/2001
Conservation, Forests and Lands (Infringement Notice)
(Fisheries) Regulations 2001
2
3. Amendment to Schedule of Offences
After item 4321 of the Schedule to the
Conservation, Forests and Lands (Infringement
Notice) Regulations 1992 1 insert—
"4322 An offence under
section 68A(3)(a)
of the Fisheries
Act 1995
$100 take or have in
possession fish that
are less than the
minimum size, or that
are more than the
maximum size,
specified by the
regulations for that
species of fish
4323 An offence under
section 68A(3)(b)
of the Fisheries
Act 1995
$100 take or have in
possession more fish
than the catch limit
for that species of
fish
4324 An offence under
section 68A(4A)
of the Fisheries
Act 1995
$150 take or possess more
than the catch limit
for abalone but not
more than twice the
catch limit
4325 An offence under
section 102(7) of
the Fisheries Act
1995
$100 as a person who is the
holder of a licence or
permit, fail to
produce the licence
or permit for
inspection on demand
by an authorised
officer or member of
the police force either
immediately, or if the
licence or permit is
not in the holder's
possession, at a time
within 7 days of the
demand and a place
stipulated by the
authorised officer or
member
4326 An offence under $100 fish or take fish
r. 3
-- 3 of 12 --
S.R. No. 36/2001
Conservation, Forests and Lands (Infringement Notice)
(Fisheries) Regulations 2001
3
regulation 513 of
the Fisheries
Regulations 1998
from a boat within
100 metres of Hoses
Rock or Hoses Rock
Barrier
4327 An offence under
regulation 514(1)
of the Fisheries
Regulations 1998
$100 as a person who is
not the holder of an
access licence, use
more than 2 bait traps
at any one time
4328 An offence under
regulation 515(1)
of the Fisheries
Regulations 1998
$100 take fish from inland
waters by the use of a
recreational bait net
in waters other than
the waters specified
in regulation
515(1)(a)–(i) of the
Fisheries Regulations
1998
4329 An offence under
regulation 515(2)
of the Fisheries
Regulations 1998
$100 use a recreational bait
net in Port Phillip
Bay or Western Port,
the North or
Cunninghame Arms
of the Gippsland
Lakes, the Toorloo or
Nowa Nowa Arms of
Lake Tyers and
within 30 metres of
any pier or jetty, or
within 400 metres of
the mouth of any
creek or river or in
fisheries reserves
4330 An offence under
regulation 516(1)
of the Fisheries
Regulations 1998
$150 use a recreational
hoop net in any
marine waters other
than Port Phillip Bay,
Western Port, the
Gippsland Lakes or
any inlet of the sea,
during the period
commencing on
1 September
and ending on
r. 3
-- 4 of 12 --
S.R. No. 36/2001
Conservation, Forests and Lands (Infringement Notice)
(Fisheries) Regulations 2001
4
15 November in each
year
4331 An offence under
regulation 516(2)
of the Fisheries
Regulations 1998
$150 leave a recreational
hoop net immersed or
set in any marine
waters other than Port
Phillip Bay, Western
Port, the Gippsland
Lakes or any inlet of
the sea, during the
period commencing
on 1 September and
ending on
15 November in
each year
4332 An offence under
regulation 516(3)
of the Fisheries
Regulations 1998
$150 use more than
2 recreational hoop
nets in marine waters
4333 An offence under
regulation 516(4)
of the Fisheries
Regulations 1998
$150 possess more than
2 recreational hoop
nets in, on or within
400 metres of any
marine waters
4334 An offence under
regulation
516(8)(a) of the
Fisheries
Regulations 1998
$100 use a recreational
hoop net that is
constructed of
2 hoops and of which
the mesh size of the
netting between the
2 hoops is less than
10·8 centimetres
4335 An offence under
regulation
516(8)(b) of the
Fisheries
Regulations 1998
$100 use a recreational
hoop net that is
constructed of 1 hoop
and of which the
mesh size of the
netting is less than
10·8 centimetres
4336 An offence under
regulation
517(1)(a) of the
Fisheries
$150 take any berried giant
crab, berried rock
lobster, berried bug
or berried spiny
r. 3
-- 5 of 12 --
S.R. No. 36/2001
Conservation, Forests and Lands (Infringement Notice)
(Fisheries) Regulations 2001
5
Regulations 1998 freshwater crayfish
4337 An offence under
regulation
517(1)(b) of the
Fisheries
Regulations 1998
$150 land or cause to be
landed from any boat
any berried giant
crab, berried rock
lobster, berried bug
or berried spiny
freshwater crayfish
4338 An offence under
regulation 517(2)
of the Fisheries
Regulations 1998
$150 possess berried giant
crab, berried rock
lobster, berried bug
or berried spiny
freshwater crayfish in
Victoria
4339 An offence under
regulation 517(3)
of the Fisheries
Regulations 1998
$150 remove eggs from a
berried giant crab,
berried rock lobster,
berried bug or berried
spiny freshwater
crayfish
4340 An offence under
regulation 519(1)
of the Fisheries
Regulations 1998
$150 land or cause to be
landed any
dismembered giant
crab or part of a giant
crab, in, on or next to
Victorian waters
4341 An offence under
regulation 520(1)
of the Fisheries
Regulations 1998
$100 land or cause to be
landed shark in any
form other than in the
form of a carcass, in,
on or next to
Victorian waters
4342 An offence under
regulation 520(2)
of the Fisheries
Regulations 1998
$100 possess any snapper,
King George whiting,
Murray cod,
Macquarie perch or
bream (all species),
salmonids, (Brown
trout, Rainbow trout
and Chinook
r. 3
-- 6 of 12 --
S.R. No. 36/2001
Conservation, Forests and Lands (Infringement Notice)
(Fisheries) Regulations 2001
6
salmon), eels
(longfinned and
shortfinned) or
elephant fish in any
form other than in the
form of a carcass, in,
on or next to
Victorian waters
4343 An offence under
regulation 522A
of the Fisheries
Regulations 1998
$150 as a person who is
not the holder of an
Abalone Fishery
Access Licence or a
person who is not
acting under that
licence, fail to carry
an instrument to
measure abalone,
when taking abalone
4344 An offence under
regulation 527(e)
of the Fisheries
Regulations 1998
$150 as a person who is the
holder of an access
licence, fail to ensure
that any fleet or line
or octopus traps set
by him or her is
marked with his or
her access licence
number
4345 An offence under
regulation 528(4)
of the Fisheries
Regulations 1998
$100 leave any fishing line
unattended in inland
waters, the Gippsland
Lakes, Lake Tyers,
the Lower Lake at
Mallacoota Inlet or
Wingan Inlet
4346 An offence under
regulation 531 of
the Fisheries
Regulations 1998
$100 fail to immediately
return fish to the
water with the least
possible injury that
are not required to be
retained other than
noxious aquatic
species
4347 An offence under
regulation 532(2)
$100 use live carp
(including goldfish)
r. 3
-- 7 of 12 --
S.R. No. 36/2001
Conservation, Forests and Lands (Infringement Notice)
(Fisheries) Regulations 2001
7
of the Fisheries
Regulations 1998
as bait
4348 An offence under
regulation
532(3)(a) of the
Fisheries
Regulations 1998
$100 use trout or salmon
ova as bait or berley
to take or attempt to
take fish of any
species
4349 An offence under
regulation
532(3)(b) of the
Fisheries
Regulations 1998
$100 use the blood or offal
of any mammal as
berley to take or
attempt to take fish of
any species
4350 An offence under
regulation 535(a)
of the Fisheries
Regulations 1998
$100 fish or possess
recreational fishing
equipment in or on
the area bounded by a
line 20 metres from
the banks of the
Goulburn River from
the walk way over
the Eildon Pondage
Weir water release
gates to the fishing
boundary post
situated 200 metres
downstream
4351 An offence under
regulation 535(b)
of the Fisheries
Regulations 1998
$100 fish or possess
recreational fishing
equipment in or on
the area bounded by a
line 20 metres from
the banks of Ryan's
Creek and Loombah
Weir between the
retaining wall of
Loombah Weir and
the retaining wall of
McCallsay Weir
4352 An offence under
regulation 535(c)
of the Fisheries
Regulations 1998
$100 fish or possess
recreational fishing
equipment in or on
the area bounded by a
line 20 metres from
the banks of Seven
r. 3
-- 8 of 12 --
S.R. No. 36/2001
Conservation, Forests and Lands (Infringement Notice)
(Fisheries) Regulations 2001
8
Creeks between the
retaining wall of
Polly McQuinns Dam
and the Galls Gap
Road Bridge which
crosses Seven Creeks
downstream from its
junction with
Watchbox Creek
4353 An offence under
regulation
536(1)(a) of the
Fisheries
Regulations 1998
$150 as a person who takes
rock lobster other
than under a Rock
Lobster Fishery
Access Licence, fail
to mark the central
segment of the tail
fan of the rock
lobster by punching
in it a hole of not less
than 10 millimetres in
diameter or by
removing the
posterior quarter of
the central segment
of the tail fan by a
transverse cut so that
only the anterior
three-quarters of the
central segment
remain attached
4354 An offence under
regulation
536(1)(b)(i) of the
Fisheries
Regulations 1998
$150 as a person who takes
rock lobster other
than under a Rock
Lobster Fishery
Access Licence, fail
to comply with the
requirements of
regulation 536(1)(a)
of the Fisheries
Regulations 1998 if
the rock lobster is
caught by any means
from a boat, within
5 minutes of being
r. 3
-- 9 of 12 --
S.R. No. 36/2001
Conservation, Forests and Lands (Infringement Notice)
(Fisheries) Regulations 2001
9
brought to the boat
and before landing
4355 An offence under
regulation
536(1)(b)(ii) of
the Fisheries
Regulations 1998
$150 as a person who takes
rock lobster other
than under a Rock
Lobster Fishery
Access Licence, fail
to comply with the
requirements of
regulation 536(1)(a)
of the Fisheries
Regulations 1998 if
the rock lobster is
caught by any means
from the shore,
within 5 minutes or
before the rock
lobster is put into any
basket, bag or
receptacle, whichever
is the sooner
4356 An offence under
regulation 542 of
the Fisheries
Regulations 1998
$150 sell abalone that does
not have the
immediate packaging
of the abalone
marked or labelled in
accordance with
regulation 330A of
the Fisheries
Regulations 1998
4357 An offence under
regulation 543(1)
of the Fisheries
Regulations 1998
$150 deface, damage,
remove or destroy
abalone packaging or
a label that has been
affixed to that
packaging in
accordance with
regulation 330A of
the Fisheries
Regulations, other
than removal of
packaging or a label
from abalone at the
place where the
abalone is to be
r. 3
-- 10 of 12 --
S.R. No. 36/2001
Conservation, Forests and Lands (Infringement Notice)
(Fisheries) Regulations 2001
10
consumed
4358 An offence under
regulation 610(a)
of the Fisheries
Regulations 1998
$150 as the owner of a
registered fishing
boat, fail to notify the
Secretary of the name
and address of the
purchaser or
transferee within
14 days of selling or
transferring the
fishing boat
4359 An offence under
regulation 610(b)
of the Fisheries
Regulations 1998
$150 as the owner of a
registered fishing
boat, fail to forward
to the Secretary the
registration certificate
issued in respect of
the boat within
14 days of selling or
transferring the
fishing boat
4360 An offence under
regulation 611(1)
of the Fisheries
Regulations 1998
$150 fail to apply to the
Secretary, in the form
approved by the
Secretary, for the
transfer of the boat
registration within
14 days after
becoming the owner
of the boat if the boat
is to be used for a
purpose specified in
regulation 604(1)
4361 An offence under
regulation 612 of
the Fisheries
Regulations 1998
$150 as the owner of boat,
fail to remove from
the boat, or cause to
be removed from the
boat, the identifying
mark, within 7 days
of the date of expiry
of a registration
certificate".
═══════════════
r. 3
r. 3
-- 11 of 12 --
S.R. No. 36/2001
Conservation, Forests and Lands (Infringement Notice)
(Fisheries) Regulations 2001
11
ENDNOTES
1 Reg. 3: S.R. No. 164/1992. Reprinted to S.R. No. 125/1999 and
subsequently amended by S.R. Nos 9/2000 and 14/2000.
Endnotes
-- 12 of 12 --