Victorian Numbered Regulations

FISHERIES (AMENDMENT) REGULATIONS 2004 (SR NO 26 OF 2004) - REG 13

r. 13

For regulation 636 of the Principal Regulations substitute —

        "636.     Exemption for transport of abalone from certain access licence holders and aquaculture licence holders

Despite anything to the contrary in section 68A of the Act, a person may possess abalone (including a commercial quantity) if that person is transporting legally obtained abalone —

        (a)     from the holder of an Abalone Fishery Access Licence and the abalone —

              (i)     are contained in —

    (A)     bins that are each sealed with a bin lid in such a manner that the bin lid cannot be removed or abalone removed from, or added to, the bin while the bin lid and bin tag are still attached and without breaking the bin tag; or

    (B)     bags that are sealed with a bin tag in such a manner that the abalone cannot be removed from or added to the bag without breaking the bin tag; and

              (ii)     are accompanied by the duplicate and triplicate of an abalone docket on which Parts B and C have been completed not more than 72 hours before the commencement of the transportation; or

        (b)     from the area specified in an aquaculture licence where the holder of the licence is authorised to culture abalone, and the abalone —

              (i)     are being transported to —

    (A)     the specified premises of the holder of a Fish Receivers' (Abalone) Licence; or

    (B)     an area specified in another aquaculture licence under which the licence holder is authorised to culture abalone; and

              (ii)     are labelled and identified in accordance with any conditions imposed on the first mentioned aquaculture licence by the Secretary.".