Victorian Current Acts

FISHERIES ACT 1995 - SECT 164

    (1)     In this Part—

"charter boat operating costs" means the costs of—

        (a)     fuel and labour; and

        (b)     repairs and maintenance of any boat—

incurred in carrying on the business of being a charter boat operator;

"charter boat operator" means a person who carries on a business of the operating of trading vessels used to carry passengers for the purpose of taking or attempting to take fish, other than for sale, by the use of recreational fishing equipment;

"compensable year" means a period of time set out in Column 3 of an item in Table 1;

"eligible charter boat operator" means a person who has carried on business as a charter boat operator at any time between 1 April 1999 and 31 March 2002 in any part of a park;

"eligible rock lobster access licence holder" means a person who is the holder of an access licence that is—

        (a)     a relevant access licence; and

        (b)     a Rock Lobster Fishery Access Licence within the meaning of regulation 201 of the Fisheries Regulations 1998;

"eligible specified access licence holder" means a person who is the holder of an access licence that is—

        (a)     a relevant access licence; and

        (b)     a specified access licence;

"fishing operating costs" means the costs of—

        (a)     fuel and labour; and

        (b)     repairs and maintenance of any boat and of any fishing equipment—

incurred in taking or attempting to take fish or fishing bait for sale;

"fishing prohibition" means the application of subsection (1) of section 45A of the National Parks Act 1975 to the whole or any part of a park or sanctuary;

"licence year" means a period of 12 months beginning on 1 April in any calendar year and ending on 31 March in the following calendar year;

"Panel" means the Compensation Assessment Panel established under section 184(1);

"park" has the same meaning as marine national park has in the National Parks Act 1975 ;

"prescribed year" means a period of time set out in either item 1 or item 2 of Column 3 of Table 2;

"relevant access licence" means an access licence under the authority of which fish or fishing bait has been taken at any time between 1 April 1999 and 31 March 2002 in any one or more of the following areas—

        (a)     a part of a park;

        (b)     a part of a sanctuary described in Part 2, 5, 8 or 11 of Schedule Eight of the National Parks Act 1975 ;

"relevant park", in relation to a compensable year, means a park or sanctuary described in Columns 1 and 2 of the item in Table 1 in which the compensable year is set out;

"sanctuary" has the same meaning as marine sanctuary has in the National Parks Act 1975 ;

"specified access licence" means an access licence that is of any one of the following classes of access licence, within the meaning of regulation 201 of the Fisheries Regulations 1998—

        (a)     Bait (General) Fishery Access Licence;

        (b)     Corner Inlet Fishery Access Licence;

        (c)     Ocean Fishery Access Licence;

        (d)     Port Phillip Bay (Mussel Bait) Fishery Access Licence;

        (e)     Purse Seine (Ocean) Fishery Access Licence;

        (f)     Purse Seine (Port Phillip Bay) Fishery Access Licence;

        (g)     Scallop (Ocean) Fishery Access Licence;

        (h)     Trawl (Inshore) Fishery Access Licence;

              (i)     Westernport/Port Phillip Bay Fishery Access Licence;

        (j)     Wrasse (Ocean) Fishery Access Licence;

Table 1 means Table 1 set out in subsection (2);

Table 2 means Table 2 set out in subsection (3);

S. 164(1) def. of
trading vessel amended by No. 65/2010 s. 420(Sch.  3 item 7).

"trading vessel" has the same meaning as in section 3(1) of the Marine Safety Act 2010 ;

"Tribunal" means the Compensation Appeals Tribunal established under section 190(1);

"unregulated land" has the same meaning as in section 45A(12) of the National Parks Act 1975 .

    (2)     Table 1 has effect for the purposes of this Part—

TABLE 1

Table setting out, in relation to parks and sanctuaries, the periods of time for which there are compensation entitlements for eligible rock lobster access licence holders and eligible specified access licence holders
Items	Column 1 Names of Parks and Sanctuaries	Column 2 Parts and Schedule Numbers of National Parks Act 1975	Column 3 Compensable Years
1.	Bunurong Marine National Park Churchill Island Marine National Park French Island Marine National Park Ninety Mile Beach Marine National Park	Part 1 of Schedule Seven Part 3 of Schedule Seven Part 6 of Schedule Seven Part 7 of Schedule Seven	16 November 2002 to 31 March 2003 1 April 2003 to 31 March 2004

Items	Column 1 Names of Parks and Sanctuaries	Column 2 Parts and Schedule Numbers of National Parks Act 1975	Column 3 Compensable Years
	Point Addis Marine National Park Point Hicks Marine National Park Port Phillip Heads Marine National Park Wilsons Promontory Marine National Park Yaringa Marine National Park Beware Reef Marine Sanctuary Marengo Reefs Marine Sanctuary The Arches Marine Sanctuary	Part 8 of Schedule Seven Part 9 of Schedule Seven Part 10 of Schedule Seven Part 12 of Schedule Seven Part 13 of Schedule Seven Part 2 of Schedule Eight Part 5 of Schedule Eight Part 11 of Schedule Eight
2.	All marine national parks Beware Reef Marine Sanctuary	Parts 1 to 13 of Schedule Seven Part 2 of Schedule Eight	1 April 2004 to 31 March 2005 1 April 2005 to 31 March 2006

Items	Column 1 Names of Parks and Sanctuaries	Column 2 Parts and Schedule Numbers of National Parks Act 1975	Column 3 Compensable Years
	Marengo Reefs Marine Sanctuary The Arches Marine Sanctuary Unregulated land in Point Cooke Marine Sanctuary	Part 5 of Schedule Eight Part 11 of Schedule Eight Part 8 of Schedule Eight, to the extent that it is unregulated land
3.	Cape Howe Marine National Park Corner Inlet Marine National Park Discovery Bay Marine National Park Twelve Apostles Marine National Park Unregulated land in Point Cooke Marine Sanctuary	Part 2 of Schedule Seven Part 4 of Schedule Seven Part 5 of Schedule Seven Part 11 of Schedule Seven Part 8 of Schedule Eight, to the extent that it is unregulated land	1 April 2006 to 31 March 2007

    (3)     Table 2 has effect for the purposes of this Part—

TABLE 2

Table setting out, in relation to parks, the periods of time for which there are compensation entitlements for eligible charter boat operators
Items	Column 1 Names of Parks	Column 2 Parts and Schedule Numbers of National Parks Act 1975	Column 3 Prescribed Years
1.	Bunurong Marine National Park Churchill Island Marine National Park French Island Marine National Park Ninety Mile Beach Marine National Park Point Addis Marine National Park	Part 1 of Schedule Seven Part 3 of Schedule Seven Part 6 of Schedule Seven Part 7 of Schedule Seven Part 8 of Schedule Seven	16 November 2002 to 15 November 2003 16 November 2003 to 15 November 2004 16 November 2004 to 15 November 2005
	Point Hicks Marine National Park Port Phillip Heads Marine National Park Wilsons Promontory Marine National Park Yaringa Marine National Park	Part 9 of Schedule Seven Part 10 of Schedule Seven Part 12 of Schedule Seven Part 13 of Schedule Seven

Items	Column 1 Names of Parks	Column 2 Parts and Schedule Numbers of National Parks Act 1975	Column 3 Prescribed Years
2.	Cape Howe Marine National Park Corner Inlet Marine National Park Discovery Bay Marine National Park	Part 2 of Schedule Seven Part 4 of Schedule Seven Part 5 of Schedule Seven	1 April 2004 to 31 March 2005 1 April 2005 to 31 March 2006 1 April 2006 to 31 March 2007
	Twelve Apostles Marine National Park	Part 11 of Schedule Seven

S. 165 inserted by No. 40/2002 s. 27.