Victorian Current Acts

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FISHERIES ACT 1995 - SECT 8

Definition of Victorian waters and waters

    (1)     This Act applies to Victorian waters and protected waters.

    (2)     In this Act, reference to Victorian waters or to waters generally is a reference—

        (a)     to all waters that are within the limits of the State;

        (b)     except in relation to a fishery that is to be managed in accordance with the law of the Commonwealth pursuant to an arrangement under Part 2 and except for purposes prescribed by paragraph (d), to any waters of the sea not within the limits of the State that are on the landward side of waters adjacent to the State that, within the meaning of that Part, are within the Commonwealth proclaimed waters;

        (c)     in relation to a fishery that is to be managed in accordance with the law of the State pursuant to an arrangement under Part 2, to any waters to which the legislative powers of the State extend, with respect to that fishery, whether pursuant to section 5 of the Coastal Waters (State Powers) Act 1980 of the Parliament of the Commonwealth or otherwise;

        (d)     in relation to activities to which this Act applies being activities that are, within the meaning of the Commonwealth Act, carried on for private purposes otherwise than by the use of a foreign boat, to any waters to which the legislative powers of the State extend with respect to those activities.

    (3)     In this Act, a reference to "waters" includes a reference to the bed and sub-soil lying beneath those waters.

    (4)     Regulations or fisheries notices may define the limit of Victorian waters for the purposes of this Act and for defining such limits may specify the boundaries of any waterway, bay, estuary or lake or the mouth of any inland waters.



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