Victorian Current Acts Victorian Current ActsS. 3A(1) amended by No. 68/2016 s. 49(1).
(1) To the extent that it is practicable, the following consultation principles apply to decisions made by the Minister, Secretary or Victorian Fisheries Authority under this Act, which affect the use and conservation of Victoria's fisheries resources—
(a) the purpose of consultation and any consultation process should be clear, open, timely and transparent;
(b) the level of consultation should reflect the likely impact of decisions on persons and fisheries resources;
(c) the consultation process should be adequately resourced;
(d) the consultation process should be flexible and designed to take into account the number and type of persons to be consulted and their ability to contribute to the process;
(e) the consultation process should involve consideration of representative advice which represents the views and values of the persons represented;
(f) representative advice in relation to the following persons or groups should be considered during any consultation process—
(i) recreational fishers;
(ii) commercial fishers;
(iii) aquaculture operators;
(iv) conservation groups;
(v) indigenous groups;
(g) the consultation process should consider expert advice, which should be obtained from the most appropriate provider;
(h) any expert advice obtained during the consultation process should be made available to persons participating in the consultation process.
(2) Without limiting the generality of subsection (1), for the purposes of that subsection, the following decisions are taken to affect the use and conservation of Victoria's fisheries resources—
(a) a decision by the Minister to declare or amend a management plan under Part 3;
S. 3A(2)(b) amended by No. 68/2016 s. 49(2).
(b) a decision by the Victorian Fisheries Authority to vary a class of fishery licence under section 54(1)(c);
S. 3A(2)(c) amended by No. 68/2016 s. 49(2).
(c) a decision under section 54(1)(d) by the Victorian Fisheries Authority to vary or revoke a condition imposed by the Victorian Fisheries Authority, or to impose a new condition, on a class of fishery licence;
(d) a decision by the Minister to give, revoke or amend a direction on matters relating to the management of fisheries or zones in a fishery under section 61;
(e) a decision by the Minister to make, revoke or amend a quota order in relation to a fishery under section 64, 64A, 66C or 66D;
(f) a decision by the Minister to make, revoke or amend an order declaring sub-zones in a quota fishery under section 64AB or 66E;
(g) a decision by the Minister to appoint a person as a member of the Commercial Fisheries Licensing Panel under section 132(2)(c) or 132(2)(d);
S. 3A(2)(h) repealed by No. 40/2019 s. 10.
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(i) decisions relating to the making and content of regulations in respect of royalties and levies imposed in accordance with sections 150 and 151;
(j) decisions by the Minister relating to priorities for the disbursement of funds that may be paid out of the Recreational Fishing Licence Trust Account under section 151B;
(k) a decision by the Minister to make a fisheries notice under section 152(1).
(3) This section does not apply in relation to the following decisions—
(a) decisions which are specific to an individual licence or permit, the holder of a licence or permit or a person acting on behalf of a holder of a licence or permit;
(b) reviewable decisions within the meaning of section 137.
(4) In this section "person" includes an association or body.
S. 4 (Heading) inserted by No. 35/2009 s. 50(1).