Conservation, Forests and Lands (Infringement Notice) (Amendment No. 3) Regulations 1998

i Conservation, Forests and Lands (Infringement Notice) (Amendment No. 3) Regulations 1998 S.R. No. 43/1998 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provisions 1 3. Amendments to Schedule of Offences 1 ═══════════════ NOTES 6 -- 1 of 7 -- 1 STATUTORY RULES 1998 S.R. No. 43/1998 Conservation, Forests and Lands Act 1987 Conservation, Forests and Lands (Infringement Notice) (Amendment No. 3) Regulations 1998 The Governor in Council makes the following Regulations: Dated: 21 April 1998 Responsible Minister: MARIE TEHAN Minister for Conservation and Land Management SHARNE BRYAN Clerk of the Executive Council 1. Objective The objective of these Regulations is to prescribe— (a) further offences against a relevant law for which an infringement notice may be served; and (b) the penalties for prescribed offences. 2. Authorising provisions These Regulations are made under sections 91 and 99 of the Conservation, Forests and Lands Act 1987. 3. Amendments to Schedule of Offences For items 4101 to 4129 of the Schedule to the Conservation, Forests and Lands (Infringement Notice) Regulations 1992 1 substitute— -- 2 of 7 -- S.R. No. 43/1998 Conservation, Forests and Lands (Infringement Notice) (Amendment No. 3) Regulations 1998 2 "4130 An offence under section 44(a) of the Fisheries Act 1995 $100 take or attempt to take fish from inland waters without authority 4131 An offence under section 44(b) of the Fisheries Act 1995 $100 take or attempt to take rock lobster from marine waters without authority 4132 An offence under section 44(d) of the Fisheries Act 1995 $150 use or possess a recreational mesh net or a recreational hoop net without authority 4133 An offence under section 67(3) of the Fisheries Act 1995 in relation to the prohibitions imposed by regulation 506 of the Fisheries Regulations 1998 $100 contravene the closed season for fish 4134 An offence under regulation 405 of the Fisheries Act 1995 $100 transfer or lend a recreational fishery licence to any other person 4135 An offence under regulation 512(1) of the Fisheries Regulations 1998 $100 take marine invertebrates from Port Phillip Bay and Swan Bay in the area commencing at the maximum high water mark and continuing to a point where the water is 2 metres deep at that time 4136 An offence under regulation 516(5) of the Fisheries Regulations 1998 $100 use more than 10 recreational hoop nets in inland waters 4137 An offence under regulation 516(6) of the Fisheries Regulations 1998 $100 use more than 5 recreational hoop nets in the waters specified in regulation 516(6) except for those waters specified in regulation 516(7) 4138 An offence under regulation 518 of the Fisheries Regulations 1998 $100 take, attempt to take, or assist in the taking of a soft-shelled rock lobster 4139 An offence under regulation 525(1) of the $100 use a scoop, dredge, fork, spade, rake, shovel or other r. 3 -- 3 of 7 -- S.R. No. 43/1998 Conservation, Forests and Lands (Infringement Notice) (Amendment No. 3) Regulations 1998 3 Fisheries Regulations 1998 hand held digging implement for taking or attempting to take molluscs or other marine invertebrates, or use a bait pump with a barrel exceeding 8.5 centimetres in diameter, in marine waters commencing at the maximum high water mark and continuing to a point where the water is 2 metres deep at that time 4140 An offence under regulation 526(1) of the Fisheries Regulations 1998 $100 use a yabby pot, recreational hoop net, bait trap or mesh net without a tag attached which is clearly, legibly and accurately marked with user's full name and place of residence, and fail to ensure that the tag remains on or above the water surface at all times 4141 An offence under regulation 526(2) of the Fisheries Regulations 1997 $100 use any yabby pot, recreational hoop net, bait trap or mesh net with a tag attached that is marked with any information other than user's full name and place of residence 4142 An offence under section 527(a) of the Fisheries Regulations 1998 $150 fail to ensure that the equipment specified in regulation 527(a) is attached to a buoy, flag, stake or other object that is clearly, legibly and accurately marked with the number of the access licence 4143 An offence under section 527(b) of the Fisheries Regulations 1998 $150 fail to ensure that any rock lobster pot used is attached to a buoy or flag and marked with the registration number r. 3 -- 4 of 7 -- S.R. No. 43/1998 Conservation, Forests and Lands (Infringement Notice) (Amendment No. 3) Regulations 1998 4 of the boat used in the setting of that equipment 4144 An offence under section 527(c) of the Fisheries Regulations 1998 $150 fail to ensure that any yabby pot used is marked with the access licence number 4145 An offence under section 527(d) of the Fisheries Regulations 1998 $150 fail to ensure that any of the equipment referred to in regulation 527(a) of the Fisheries Regulations 1998 does not contain any markings other than the number of the access licence or boat number, as appropriate 4146 An offence under regulation 528(1) of the Fisheries Regulations 1998 $100 use in marine waters more than 4 lines or a line with more than 2 hooks or baits attached 4147 An offence under regulation 528(2) of the Fisheries Regulations 1998 $100 use in inland waters more than 2 lines or a line with more than 2 hooks or baits attached 4148 An offence under regulation 607 of the Fisheries Regulations 1998 $150 use a registered fishing boat in Victorian waters without the boat's identifying mark being clearly displayed on the boat at all times 4149 An offence under regulation 608 of the Fisheries Regulations 1998 $150 fail to ensure that a registered fishing boat's identifying mark is clearly and legibly displayed on the boat at all times on both sides of the r. 3 -- 5 of 7 -- S.R. No. 43/1998 Conservation, Forests and Lands (Infringement Notice) (Amendment No. 3) Regulations 1998 5 bow outside and clear of the water line or on both sides of the wheelhouse and in letters or numbers no less than 23 centimetres high, painted black on a light background or painted white on a dark background". ═══════════════ r. 3 -- 6 of 7 -- S.R. No. 43/1998 Conservation, Forests and Lands (Infringement Notice) (Amendment No. 3) Regulations 1998 6 NOTES 1 Reg. 3: S.R. No.164/1992. Reprinted incorporating amendments up to S.R. No. 159/1995 and subsequently amended by S.R. No. 21/1998. Notes -- 7 of 7 --