Victorian Current Acts

FISHERIES ACT 1995 - SECT 28

    (1)     The Minister may declare a management plan by notice published in the Government Gazette.

    (2)     The Minister may prepare and issue guidelines for or with respect to the preparation of management plans by notice published in the Government Gazette.

    (3)     A management plan must be prepared in respect of each fishery for which the Minister declares by notice published in the Government Gazette that a fishery management plan is to be prepared.

    (4)     A management plan may be prepared for any noxious aquatic species declared under section 75.

    (5)     A management plan must be prepared in respect of a fisheries reserve as soon as possible after the fisheries reserve is declared under section 88.

    (6)     A management plan must—

        (a)     be consistent with the objectives of this Act;

S. 28(6)(aa) inserted by No. 108/2003 s. 25.

        (aa)     be consistent with any guidelines issued under subsection (2);

        (b)     include the management objectives of the plan;

        (c)     specify the management tools and other measures to be used to achieve the management objectives;

        (d)     include guidelines for the criteria to be used in respect of the issue of licences and permits and in respect of the renewal, variation or transfer of licences;

        (e)     as far as is known, identify critical components of the ecosystem relevant to the plan and current or potential threats to those components and existing or proposed preventative measures;

        (f)     specify performance indicators, targets and monitoring methods;

        (g)     as far as relevant and practicable, identify in respect of the fishery, declared noxious aquatic species or fisheries reserve, the biological, ecological, social and economic factors relevant to its management including—

              (i)     its current status, human uses and economic value;

              (ii)     measures to minimise its impact on non-target species and the environment;

              (iii)     research needs and priorities;

              (iv)     the resources required to implement the plan.

    (7)     A management plan may—

        (a)     specify the manner in which fishing capacity is to be measured and the fishing capacity so measured;

        (b)     specify the duration of the management plan;

        (c)     specify the procedures or conditions for review of the plan;

S. 28(7)(ca) inserted by No. 35/2009 s. 53.

        (ca)     specify that licences of a class of access licence may be issued for a period of up to 5 years;

S. 28(7)(cb) inserted by No. 40/2019 s. 12.

        (cb)     specify a fish harvest strategy, including actions to be taken if fish stocks fall below specified levels;

        (d)     include any other relevant matters.

S. 28(8) inserted by No. 5/1997
s. 8.

    (8)     Guidelines included in a management plan under subsection (6)(d) may include criteria designed to reduce the number of licences or permits that are held in respect of a fishery.