Victorian Consolidated Regulations

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FISHERIES REGULATIONS 2019 - REG 368

Persons to whom the catch limits in regulation 367 do not apply

    (1)     Regulation 367 does not apply to a person who takes or possesses rock lobster in a quantity in excess of the catch limit specified in that regulation if—

        (a)     the person—

              (i)     is the holder of, or is acting on behalf of the holder of, an aquaculture licence that authorises the hatching, rearing, breeding, growing or displaying of rock lobster; and

              (ii)     takes or possesses rock lobster in accordance with the licence, the Act and these Regulations and; or

        (b)     the person—

              (i)     is the holder of, or is acting on behalf of the holder of, a general permit that authorises the taking or possession of rock lobster in that quantity; and

              (ii)     takes or possesses the rock lobster in accordance with the permit, the Act and these Regulations; or

    (2)     Regulation 367(b) does not apply to a person who possesses rock lobster in a quantity in excess of the catch limit specified in that regulation if the person—

        (a)     received the rock lobster from a person referred to in subregulation (1); and

        (b)     is acting in accordance with the Act and these Regulations.

Note

Regulation 451, which prescribes matters for the purposes of section 120AC of the Act, requires that persons who possess any fish must have in their possession a catch disposal record, fish receipt or fish movement record in respect of those fish. Certain exemptions apply under regulation 453.



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