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FISHERIES ACT 1995 - SCHEDULE 5

Schedule 5—Cancellation of Gippsland Lakes Fishery Access Licences

Sections 153N, 153O, 153R and 153S

Part 1—Definitions

        1     Definitions in this Schedule

In this Schedule—

"licence" means a Gippsland Lakes Fishery Access Licence as defined in section 153M;

"licence holder" means the holder of a Gippsland Lakes Fishery Access Licence;

"records held by the Victorian Fisheries Authority" means the records of catch history as recorded in the Integrated Catch and Effort System maintained by the Victorian Fisheries Authority;

"survey period" means the 5-year period from 1 April 2012 to 31 March 2017 inclusive.

Part 2—Election to surrender licence

        2     Notice that licence holder may elect to surrender licence

    (1)     On or after the commencement of Division 6 of Part 8, the Minister must give notice in accordance with this clause to each holder of a Gippsland Lakes Fishery Access Licence that the licence holder may elect to surrender their licence.

    (2)     The notice must be—

        (a)     published in the Government Gazette; and

        (b)     sent by letter to each licence holder.

    (3)     The notice must state the following—

        (a)     that each licence holder may elect to surrender their licence;

        (b)     the opening and closing date for the making of the election;

        (c)     that the election must be made in writing addressed to the Victorian Fisheries Authority and signed by the licence holder;

        (d)     the address to which the election must be sent, which may include an email address;

        (e)     the information that must be included in the election, which must include the name of the licence holder and the licence number;

        (f)     that a successful election will result in the licence being cancelled on 1 April 2020;

        (g)     that on and after the surrender of the licence, the licence may not be transferred to another person;

        (h)     that if the licence holder does not elect to surrender their licence before the closing date, the licence will be cancelled on 1 April 2021;

              (i)     that compensation for the cancellation of the licence will be calculated in accordance with Part 3.

    (4)     In addition, the notice sent to each licence holder must state the amount of compensation payable to the licence holder—

        (a)     if the licence is successfully surrendered under this Part; or

        (b)     if the licence is not successfully surrendered under this Part.

        3     Election to surrender licence

An election by a licence holder to surrender their licence must—

        (a)     be made in writing to the Victorian Fisheries Authority and received by the Victorian Fisheries Authority within the period stated in the notice under clause 2; and

        (b)     be signed by the licence holder; and

        (c)     include the information required by the notice under clause 2.

        4     Determination of successful elections

After the closing date specified in the notice under clause 2 for making an election, the Victorian Fisheries Authority must determine that each of the elections to surrender a licence made in accordance with clause 3 is successful.

        5     Notification of successful election

Within 28 days after receiving a successful election to surrender a licence from a licence holder, the Victorian Fisheries Authority must notify the licence holder in writing—

        (a)     that the election made by the licence holder to surrender their licence is successful; and

        (b)     that the licence will be cancelled on 1 April 2020; and

        (c)     the amount of compensation to which the licence holder is entitled.

        6     Notification of unsuccessful election

Within 28 days after receiving an unsuccessful election to surrender a licence, the Victorian Fisheries Authority must notify the licence holder in writing stating—

        (a)     that the election made by the licence holder to surrender their licence has been unsuccessful; and

        (b)     the reasons why the election was unsuccessful; and

        (c)     that the licence holder may submit a further election to surrender their licence in accordance with clause 3; and

        (d)     that, despite paragraph (c), the further election must be made before the date specified in the notice under this clause (which must not be less than 14 days after receipt of the notice by the licence holder) or the closing date specified in the notice under clause 2, whichever is the later.

Part 3—Calculation of compensation

        7     Calculation of compensation

    (1)     The amount of compensation payable to a licence holder whose licence is cancelled under section 153O or 153P is determined in accordance with Table 1 where—

        T     is the annual average catch value of the catch taken under the licence held by the licence holder over the survey period (whether or not the licence holder held the licence for the whole of that period).

Table 1

Column 1

Date on which licence cancelled

Column 2

Formula for determining compensation

1 April 2020

The amount ( A )

= $371 000 +

$60 000 + (3 × T)

1 April 2021

The amount ( B ) =

A × 8/10

    (2)     For the purposes of subclause (1), the annual average catch value taken under a licence over the survey period ( T ) is determined as follows—

        (a)     for each species of fish specified in column 1 of Table 2—

              (i)     the total catch, in kilograms, of the species is determined based on the catch history of the licence over the survey period indicated in the records held by the Victorian Fisheries Authority; and

              (ii)     the total catch is multiplied by the value per kilogram specified opposite in column 2 of Table 2 to determine the total catch value of the species over the survey period; and

              (iii)     the total catch value of the species over the survey period is divided by 5 to determine the annual average catch value of the species;

        (b)     the annual average catch values of each of the species, as determined under paragraph (a), are added together.

Table 2

Column 1

Species of fish

Column 2

Value (per kg)

Anchovy, Australian (whitebait)

$5.51

Australian bass

$4.26

Australian herring

$4.32

Australian salmon

$1.34

Australian Sardine (Pilchard)

$4.20

Barracouta

$0.73

Bream, black

$9.87

Calamari, Southern (squid)

$15.04

Carp, European

$4.26

Cod, Southern Rock

$4.26

Cod, Unspecified

$4.26

Crab, Blue Swimmer

$10.13

Crab, European Shore

$4.26

Crab, Other Unspecified

$2.82

Crab, sand

$4.26

Crab, Spider

$2.53

Dory, Silver

$2.72

Eel, longfin

$4.33

Eel, Unspecified

$4.26

Flathead, dusky

$7.93

Flathead, southern sand

$3.16

Flathead, Unspecified

$6.27

Flounder, greenback

$4.26

Flounder, Unspecified

$7.21

Garfish, river

$6.65

Garfish, Southern (Sea)

$3.58

Gudgeons

$4.26

Gurnard perch, Common

$4.26

Gurnard, Butterfly

$4.26

Gurnard, Unspecified

$4.26

Kingfish, Yellowtail

$7.57

Latchet

$1.64

Leatherjacket

$1.45

Ling, Rock

$4.26

Luderick

$2.11

Mackerel, Blue

$3.41

Mackerel, jack

$1.24

Mackerel, Unspecified

$4.26

Morwong, dusky

$4.26

Mud crab (unspecified)

$2.82

Mullet, sand

$1.69

Mullet, sea

$2.73

Mullet, yelloweye

$6.95

Mulloway

$6.21

Mussel, blue

$2.31

Octopus

$9.72

Perch, estuary

$4.26

Perch, Unspecified

$4.26

Pike, Unspecified

$4.26

Prawn, Eastern King

$18.70

Prawn, Eastern School

$10.03

Prawn, Other (Unspecified)

$3.81

Ray, Southern Eagle

$2.17

Rays

$1.32

Sandworms

$4.26

Sea Carp, Southern

$4.26

Shark, angel

$2.23

Shark, Elephant

$4.26

Shark, gummy

$6.29

Shark, Other (Unspecified)

$4.26

Shark, Thresher

$1.29

Shellbait

$4.26

Shrimp bait

$4.26

Shrimp, Ghost

$4.26

Skates and Rays, Other

$1.32

Snapper

$7.87

Snook

$6.41

Sole, Unspecified

$4.26

Sprat (Unspecified)

$4.26

Sprat, Blue

$4.26

Squid, Goulds

$2.93

Tailor

$6.30

Trevalla, Spotted

$2.30

Trevally, silver

$5.05

Trout, brown

$4.26

Trout, rainbow

$5.00

Tuna, Unspecified

$4.26

Warehou, blue

$4.26

Whiting, blue weed

$12.21

Whiting, King George

$17.18

Whiting, Sand

$12.21

Whiting, school

$3.32

Whiting, Unspecified

$4.26

Wrasse, blue throat

$8.52

Wrasse, Unspecified

$4.26

All other species

$4.26

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