Victorian Consolidated Regulations

FISHERIES REGULATIONS 2019 - REG 463

    (1)     The Victorian Fisheries Authority may exempt—

        (a)     the holder of a commercial fishery licence; or

        (b)     every holder of a class of commercial fishery licence—

from one or more conditions set out in these Regulations to which the licence or class of licence is subject if the Victorian Fisheries Authority considers it necessary or reasonable in the circumstances of a particular case to do so.

    (2)     The holder of a commercial fishery licence may apply to the Victorian Fisheries Authority for an exemption under subregulation (1).

    (3)     The Victorian Fisheries Authority may grant an exemption under subregulation (1), on the application of the holder of a commercial fishery licence under subregulation (2) or on its own initiative.

    (4)     The Victorian Fisheries Authority must give a notice in writing containing details of any exemption granted under this regulation to the licence holder or licence holders (as the case requires) who are the subject of the exemption within 5 business days after granting the exemption.

    (5)     In granting an exemption under this regulation, the Victorian Fisheries Authority may impose conditions on the exemption relating to—

        (a)     the taking, possession, landing, weighing, reporting, marketing, hatching, rearing, breeding, displaying, growing, keeping, labelling, packaging, sale, processing, transporting, receiving or sale of fish; or

        (b)     the use, possession or marking of any boat, fishing equipment or other equipment or the use of any other thing used in connection with the carrying out of an activity authorised by the commercial fishery licence or class of commercial fishery licences; or

        (c)     matters relating to the use or marking of boundaries of the premises or area specified in the commercial fishery licence or class of commercial fishery licences.

    (6)     In granting an exemption under this regulation, the Victorian Fisheries Authority must specify—

        (a)     the condition or conditions from which the licence holder or licence holders (as the case requires) are exempt; and

        (b)     the place at which the exemption applies; and

        (c)     the period during which the exemption applies; and

        (d)     the circumstances in which the exemption applies; and

        (e)     any other condition which applies to the exemption.

Note

If a licence holder does not comply with an exemption from a condition of the person's licence, the exemption will no longer be of any effect and the licence holder will have to comply with that condition. Noncompliance with a condition of a licence is an offence under section 53(1) of the Act. Various penalties apply.

Division 1—Enforcement and legal proceedings matters