Victorian Current Acts Victorian Current ActsS. 152(1)
amended by No. 35/2009
s. 45(1).
(1) The Minister may by a fisheries notice in relation to any fishery—
S. 152(1)(a) substituted by No. 5/1997
s. 43(1).
(a) fix and enforce catch limits for any species of fish specified in the notice;
S. 152(1)(aa) inserted by No. 50/2005
s. 15.
(aa) fix and enforce minimum or maximum size limits for any species of fish specified in the notice;
S. 152(1)(b) substituted by No. 5/1997
s. 43(1).
(b) fix periods during which any specified fishing activity in relation to fish is prohibited or allowed;
S. 152(1)(c) substituted by No. 5/1997
s. 43(1).
(c) provide for the management of a specified area of inland waters;
(d) close to harvesting for the period of time specified in the notice any shellfish beds or shellfish farms, where necessary in response to adverse environmental conditions;
S. 152(1)(e) repealed by No. 24/2003 s. 93.
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S. 152(1)(f) amended by No. 108/2003 s. 45(1)(a).
(f) specify measures for the protection of any fishery, species, ecosystem or habitat;
(g) provide for any matter or thing relating to protected aquatic biota and noxious aquatic species in accordance with this Act;
(h) provide for any other matter or thing which this Act requires or permits to be done by a fisheries notice.
S. 152(2) substituted by No. 108/2003 s. 45(2), repealed by No. 35/2009 s. 45(2).
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S. 152(2A) inserted by No. 108/2003 s. 45(2), repealed by No. 35/2009 s. 45(2).
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S. 152(3) substituted by No. 5/1997
s. 43(2).
(3) If a provision of a fisheries notice is inconsistent with any regulations, management plan, Ministerial direction, licence or permit, the fisheries notice prevails to the extent of the inconsistency.
(4) A fisheries notice does not apply to a fisheries reserve unless the fisheries notice expressly provides that it does apply.
(5) A fisheries notice—
(a) must be published in the Government Gazette;
S. 152(5)(b) substituted by No. 5/1997
s. 43(3), repealed by No. 35/2009 s. 45(3).
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S. 152(5)(c) substituted by Nos 5/1997
s. 43(3), 35/2009 s. 45(3), 64/2013 s. 8(1), amended by
No. 68/2016 s. 146.
(c) must be published on the Victorian Fisheries Authority's Internet site;
(d) comes into operation on the date it is published or on such later date as is specified in the fisheries notice;
(e) unless sooner revoked, is revoked by virtue of this section on the day which is 12 months after the date on which it came into operation.
S. 152(5AA) inserted by No. 64/2013 s. 8(2).
(5AA) The Minister must cause the following to be published in a newspaper circulating in the area affected by a fisheries notice—
(a) a notice of the making of the fisheries notice; and
S. 152(5AA)(b) amended by No. 68/2016 s. 146.
(b) a reference to the Victorian Fisheries Authority's Internet site on which the fisheries notice is published.
S. 152(5A) inserted by No. 5/1997
s. 43(4).
(5A) Despite subsection (5)(e), unless sooner revoked, a fisheries notice made under subsection (1)(c) is revoked on the date specified in the notice, which must be a date that is not more than 3 years after the date the notice comes into operation.
(6) A fisheries notice is a subordinate instrument for the purposes of the Interpretation of Legislation Act 1984 .
(7) A fisheries notice—
(a) may be of general or limited application; and
(b) may make different provision according to differences in times, places, localities, circumstances, boats, persons, classes of persons or fish, whether or not any times, places, circumstances, boats, persons or fish are determined or ascertainable before, at or after the making of the notice; and
S. 152(7)(c) amended by No. 108/2003 s. 45(1)(b).
(c) may impose penalties not exceeding 50 penalty units for a contravention of or an offence under the notice; and
(d) may apply, adopt or incorporate (with or without modification)—
(i) the provisions of any document, code, standard, rule, specification or method whether as formulated, issued, prescribed or published at the time the notice is made, or at any time before then; or
(ii) the provisions of any Act of the Commonwealth or of another State or of a Territory or the provisions of any subordinate instrument under that Act; and
(e) may confer powers or impose duties in connection with the notice on any person or body; and
(f) may provide for the exemption of persons or things or a class of persons or things from any of the provisions of the fisheries notice, whether unconditionally or on specified conditions and either wholly or to such an extent as is specified.