Victorian Consolidated Regulations

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FISHERIES REGULATIONS 2019 - REG 393

Persons to whom the catch limits in regulation 392 do not apply

    (1)     Regulation 392 does not apply to a person who takes or possesses scallop 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, a Scallop (Ocean) Fishery Access Licence or a Scallop Dive (Port Phillip Bay) Fishery Access Licence; and

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

        (b)     the person—

              (i)     is the holder of, or is acting on behalf of the holder of, an aquaculture licence authorising the hatching, rearing, breeding, growing or displaying of scallop; and

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

        (c)     the person—

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

              (ii)     takes or possesses scallop in accordance with the permit, the Act and these Regulations.

    (2)     Regulation 392 does not apply to a person who possesses scallop in excess of the catch limit specified in that regulation if the person—

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

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

Division 2—Activities authorised by Scallop (Ocean) Fishery Access Licences



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