Fisheries (Commercial and Aquaculture) Regulations 2000

i Fisheries (Commercial and Aquaculture) Regulations 2000 S.R. No. 107/2000 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provision 1 3. Principal Regulations 1 4. Closure of Andersons Inlet Fishery and Shallow Inlet Fishery 2 5. New class of aquaculture licence 2 6. Amendment to entitlements of Aquaculture (Crown Land) Licence 2 7. Insertion of regulation 231A 2 231A. Entitlements of Aquaculture (Crown Land) Type A Licence 2 8. Administrative matters relating to the new class of aquaculture licence 3 9. Removal of ability of certain licences to be held by a body corporate and removal of restriction on personally carrying out fishing activities 3 10. Amendments to conditions of Ocean Fishery Access Licences 3 11. Amendments to conditions of Rock Lobster Fishery Access Licence 4 12. Amendments to conditions of Western Port/Port Phillip Bay Fishery Access Licence 4 13. Conditions of an Aquaculture (Crown Land) Type A Licence 5 14. Exemption from Aquaculture (Crown Land) Licence application fee 5 15. Insertion of regulations 617A and 617B 5 617A. Application fee, transfer fee and levy for Aquaculture (Crown Land) Type A Licence 5 617B. Levy on general permits for banded morwong developing fishery 8 16. Consequential amendment to regulation 619 8 17. Insertion of regulations 706 to 710 8 706. Additional conditions for certain licences 8 707. Refusal under regulation 706(3) a reviewable decision 9 708. Expiry of regulations 706 and 707 9 709. Western Port/Port Phillip Bay Fishery Access Licence may continue to be held by a body corporate 9 -- 1 of 13 -- Regulation Page ii 710. Transitional provisions for Aquaculture (Crown Land) Licences 10 ═══════════════ ENDNOTES 11 -- 2 of 13 -- 1 STATUTORY RULES 2000 S.R. No. 107/2000 Fisheries Act 1995 Fisheries (Commercial and Aquaculture) Regulations 2000 The Governor in Council makes the following Regulations: Dated: 24 October 2000 Responsible Minister: CANDY BROAD Minister for Energy and Resources HELEN DOYE Clerk of the Executive Council 1. Objective The objective of these Regulations is (a) to include a new class of aquaculture licence for bivalve shellfish; and (b) to close the Andersons Inlet Fishery and Shallow Inlet Fishery; and (c) to include a levy for the banded morwong developing fishery; and (d) to make other amendments to the Fisheries Regulations 1998. 2. Authorising provision These Regulations are made under section 153 of the Fisheries Act 1995. 3. Principal Regulations -- 3 of 13 -- S.R. No. 107/2000 Fisheries (Commercial and Aquaculture) Regulations 2000 2 In these Regulations, the Fisheries Regulations 19981 are called the Principal Regulations. 4. Closure of Andersons Inlet Fishery and Shallow Inlet Fishery (1) In the table in regulation 107 of the Principal Regulations, omit the items relating to "Anderson's Inlet" and "Shallow Inlet". (2) In regulation 201(1) of the Principal Regulations, omit paragraphs (b) and (p). (3) Regulations 205, 222, 304 and 320 of the Principal Regulations are revoked. 5. New class of aquaculture licence After regulation 203(b) of the Principal Regulations insert "(c) Aquaculture (Crown Land) Type A Licence.". 6. Amendment to entitlements of Aquaculture (Crown Land) Licence In regulation 231 of the Principal Regulations, after "fish" (wherever occurring) insert "(other than bivalve shellfish for human consumption)". 7. Insertion of regulation 231A After regulation 231 of the Principal Regulations insert "231A. Entitlements of Aquaculture (Crown Land) Type A Licence An Aquaculture (Crown Land) Type A Licence authorises the holder, on the Crown land and in or on the protected waters covering that land specified in the licence (a) to use, form or create a habitat for rearing or growing bivalve shellfish -- 4 of 13 -- S.R. No. 107/2000 Fisheries (Commercial and Aquaculture) Regulations 2000 3 specified in the licence for sale or other commercial purposes; and (b) to rear or grow bivalve shellfish specified in the licence for sale or other commercial purposes; and (c) to use commercial aquaculture equipment specified in the licence.". 8. Administrative matters relating to the new class of aquaculture licence (1) After regulation 232(l) of the Principal Regulations insert "(m) Aquaculture (Crown Land) Type A Licence.". (2) After regulation 233(p) of the Principal Regulations insert "(q) Aquaculture (Crown Land) Type A Licence.". (3) After regulation 237(b) of the Principal Regulations insert "(c) Aquaculture (Crown Land) Type A Licence.". 9. Removal of ability of certain licences to be held by a body corporate and removal of restriction on personally carrying out fishing activities (1) In regulation 233 of the Principal Regulations, omit paragraphs (b), (c), (g) and (i). (2) In regulation 234 of the Principal Regulations, omit paragraphs (c), (d), (f) and (g). 10. Amendments to conditions of Ocean Fishery Access Licences r. 8 -- 5 of 13 -- S.R. No. 107/2000 Fisheries (Commercial and Aquaculture) Regulations 2000 4 After regulation 314(2)(j) of the Principal Regulations insert "; and (k) must not take, possess or land from any boat more than 2 banded morwong on any one day.". 11. Amendments to conditions of Rock Lobster Fishery Access Licence After regulation 318(2)(k) of the Principal Regulations insert "; and (l) must not take, possess or land from any boat more than 2 banded morwong on any one day.". 12. Amendments to conditions of Western Port/Port Phillip Bay Fishery Access Licence (1) After regulation 323(2)(d) of the Principal Regulations insert "(da) must not use a drum or spool to hold or store any mesh net with meshes measuring 10 centimetres or more; and (db) must not use any mechanical assistance to haul any mesh net or combination of mesh nets with meshes measuring 10 centimetres or more if the overall length of the net or nets exceeds 1250 metres; and". (2) After regulation 323(2) of the Principal Regulations insert -- 6 of 13 -- S.R. No. 107/2000 Fisheries (Commercial and Aquaculture) Regulations 2000 5 "(2A) Despite regulation 323(2)(db), 2 Western Port/Port Phillip Bay Fishery Access Licence holders working together may use mechanical assistance to jointly haul a mesh net, or combination of mesh nets, of up to 2500 metres in length with meshes measuring 10 centimetres or more.". 13. Conditions of an Aquaculture (Crown Land) Type A Licence In regulation 336(1) of the Principal Regulations, for "is" substitute "and the holder of an Aquaculture (Crown Land) Type A Licence are". 14. Exemption from Aquaculture (Crown Land) Licence application fee At the end of regulation 613 of the Principal Regulations insert "(2) Despite sub-regulation (1), a person who applies for an Aquaculture (Crown Land) Licence is not liable to pay the application fee if the person holds a current Aquaculture (Crown Land) Type A Licence in respect of the growing area or areas to which the application relates.". 15. Insertion of regulations 617A and 617B After regulation 617 of the Principal Regulations insert "617A. Application fee, transfer fee and levy for Aquaculture (Crown Land) Type A Licence (1) The application fee for the issue of an Aquaculture (Crown Land) Type A Licence is $1090. (2) Sub-regulation (1) does not apply if the applicant holds a current Aquaculture (Crown Land) Licence or an Aquaculture r. 13 -- 7 of 13 -- S.R. No. 107/2000 Fisheries (Commercial and Aquaculture) Regulations 2000 6 (Crown Land) Type A Licence in respect of the growing area or areas to which the application relates. (3) The fee for the transfer of an Aquaculture (Crown Land) Type A Licence is $172. (4) The holder of an Aquaculture (Crown Land) Type A Licence must pay to the Secretary a levy for a specified period calculated in accordance with sub-regulation (6) if the Secretary makes a declaration under sub- regulation (5). Penalty: 20 penalty units. (5) The Secretary may, by notice published in the Government Gazette, declare in respect of a specified period (a) an area to be a growing area; (b) the estimated total fixed costs of the Secretary for administering Aquaculture (Crown Land) Type A Licences; (c) the total area in hectares of Aquaculture (Crown Land) Type A Licences at the time of making a declaration; (d) the estimated total variable costs of the Secretary for administering Aquaculture (Crown Land) Type A Licences for each growing area; (e) the total area in hectares of Aquaculture (Crown Land) Type A Licences of each growing area at the time of making the declaration. (6) The levy payable is $859 plus, for each growing area in which the holder of the Aquaculture (Crown Land) Type A Licence r. 15 -- 8 of 13 -- S.R. No. 107/2000 Fisheries (Commercial and Aquaculture) Regulations 2000 7 is licensed to operate, an amount calculated in accordance with the following formula ETFC TA ETVC TGA NHG 3 +      × where ETFC is the estimated total fixed costs of the Secretary for administering Aquaculture (Crown Land) Type A Licences for the period in which the levy will apply, minus $859 for each holder of an Aquaculture (Crown Land) Type A Licence at the time the declaration is made under sub-regulation (5); TA is the total area in hectares to which Aquaculture (Crown Land) Type A 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 Aquaculture (Crown Land) Type A Licences for the growing area for the period in which the levy will apply; TGA is the total area in hectares of Aquaculture (Crown Land) Type A Licences in the growing area; NHG is the number of hectares of the growing area held by the holder of the Aquaculture (Crown Land) Type A Licence at the time the declaration is made under sub-regulation (5). (7) The Secretary must give a copy of any declaration made under sub-regulation (5) to each Aquaculture (Crown Land) Type A Licence holder within 14 days after r. 15 -- 9 of 13 -- S.R. No. 107/2000 Fisheries (Commercial and Aquaculture) Regulations 2000 8 publication of the declaration in the Government Gazette. 617B. Levy on general permits for banded morwong developing fishery The holder of a general permit to take fish from the banded morwong developing fishery must pay to the Secretary a levy of $3000. Penalty: 20 penalty units.". 16. Consequential amendment to regulation 619 In regulation 619 of the Principal Regulations, after "regulation 617" insert ", 617A or 617B". 17. Insertion of regulations 706 to 710 After regulation 705 of the Principal Regulations insert "706. Additional conditions for certain licences (1) This regulation applies to the following classes of commercial fishery licences (a) Corner Inlet Fishery Access Licence; and (b) Gippsland Lakes Fishery Access Licence; and (c) Mallacoota Lower Lake Fishery Access Licence; and (d) Western Port/Port Phillip Bay Fishery Access Licence. (2) The licences listed in sub-regulation (1) are subject to the conditions specified in this regulation, in addition to any other conditions imposed on the licence by these Regulations and by the Secretary under section 52 of the Act. r. 16 -- 10 of 13 -- S.R. No. 107/2000 Fisheries (Commercial and Aquaculture) Regulations 2000 9 (3) The licence holder must not use the services of another person to carry out any fishing activities authorised by the licence unless (a) it is necessary to do so as a result of hardship, illness, injury or death; and (b) the Secretary gives the licence holder written permission to do so for a specified period. (4) If the licence holder has the permission of the Secretary to use the services of another person to carry out any fishing activity authorised by the licence, the licence holder must not use those services beyond the specified period. 707. Refusal under regulation 706(3) a reviewable decision A refusal by the Secretary to give a licence holder written permission to use the services of another person to carry out any fishing activity authorised by the licence under regulation 706(3) is a reviewable decision for the purposes of section 137 of the Act. 708. Expiry of regulations 706 and 707 Regulations 706 and 707 expire on 1 January 2003. 709. Western Port/Port Phillip Bay Fishery Access Licence may continue to be held by a body corporate A Western Port/Port Phillip Bay Fishery Access Licence which was held by a body corporate immediately before the day on which the Fisheries (Commercial and Aquaculture) Regulations 2000 came into operation can continue to be held by that r. 17 -- 11 of 13 -- S.R. No. 107/2000 Fisheries (Commercial and Aquaculture) Regulations 2000 10 body corporate until the date on which the licence is due to be renewed. 710. Transitional provisions for Aquaculture (Crown Land) Licences (1) A person who immediately before the day on which the Fisheries (Commercial and Aquaculture) Regulations 2000 came into operation (a) was the holder of an Aquaculture (Crown Land) Licence; and (b) was rearing or growing bivalve shellfish for human consumption is deemed to hold an Aquaculture (Crown Land) Type A Licence until the date on which the Aquaculture (Crown Land) Licence is due to be renewed. (2) A person to whom sub-regulation (1) applies is not liable to pay the levy under regulation 617A in respect of the period during which the person is deemed to hold an Aquaculture (Crown Land) Type A Licence.". ═══════════════ r. 17 -- 12 of 13 -- S.R. No. 107/2000 Fisheries (Commercial and Aquaculture) Regulations 2000 11 ENDNOTES 1 Reg. 3: S.R. No. 23/1998. Reprint No. 1 as at 24 August 1999. Reprinted to S.R. No. 109/1999 and amended by S.R. Nos 15/2000, 20/2000 and 28/2000. Endnotes -- 13 of 13 --