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VICTORIAN FISHERIES AUTHORITY ACT 2016 (NO. 68 OF 2016)
TABLE OF PROVISIONS
PART 1--PRELIMINARY
1. Purposes
2. Commencement
3. Definitions
4. Definition of associated
5. Intent of Parliament regarding Divisions 2 and 3 of Part 2
PART 2--VICTORIAN FISHERIES AUTHORITY
Division 1--Establishment, powers and functions
6. Establishment of the Authority
7. Objectives of the Authority
8. Functions of the Authority
9. Powers of the Authority
10. Delegation
11. Exercise of powers
Division 2--Guiding principles
12. Principle of integrated decision-making
13. Principle of triple bottom-line assessment
14. Principle of equity
15. Principle of evidence-based approach
16. Principle of stakeholder engagement and community participation
17. Principle of transparency
Division 3--Interpretation and guidance
18. Application to Authority
Division 4--Administration
19. Role of the Minister
20. Role of the Secretary
Division 5--Victorian Fisheries Authority Board
21. Victorian Fisheries Authority Board
22. Appointment of directors to Board
23. Conditions of appointment of directors
24. Vacancies, resignations, removal from office
25. Acting appointments
26. Validity of acts or decisions
27. Proceedings of the Board
28. Resolutions without meetings
29. Pecuniary interests of directors
30. Disclosure of interests
31. Improper use of information
32. Disclosure of information
33. Conflict of interest and duty
Division 6--Chief executive officer and staff of the Authority
34. Chief executive officer
35. Staff
36. Advisory committees
37. Delegation
Division 7--Financial and administrative
38. Financial
39. Quarterly performance report
40. Annual report
41. Reporting to the fisheries sectors
42. Annual business plan
PART 3--ENFORCEMENT AND PROCEEDINGS
43. Appointment of authorised officers
44. Application of Conservation, Forests and Lands Act 1987 to authorised officers
45. Application of Conservation, Forests and Lands Act 1987 to the Authority
PART 4--GENERAL
Division 1--Regulations
46. Regulations
47. Transitional regulations
Division 2--Transitional provisions
48. Authorised officers appointed under the Conservation, Forests and Lands Act 1987 employed by the Authority
PART 5--AMENDMENT OF FISHERIES ACT 1995
49. Consultation principles
50. Definitions
51. Power to enter into agreements
52. Joint Authority to exercise certain powers instead of Minister
53. Power to enter into agreements
54. Submissions on management plan
55. Duty of public authorities
56. Access licences
57. Restrictions concerning access licences
58. Fish receiver licences
59. Aquaculture licences
60. Recreational fishery licences
61. Group recreational fishery licence
62. General permit
63. Special provisions concerning general permits for developing fisheries
64. Issue of fishery licences
65. Minister may determine that licences be publicly sold
66. Conditions of fishery licences and permits
67. Changes to licence or permit conditions
68. Transfer of licence
69. Certain licences may be renewed
70. Restriction on the re-issue of cancelled licences
71. Powers of Secretary to cancel or suspend licences
72. Licences or permits must be returned to Secretary
73. Registration of financial interests
74. Registration of financial interests
75. Cancelled transferable licences may be transferred
76. Removal notice on cessation of aquaculture activities
77. Minister may issue directions
78. Compensation arising from the cancellation of access licences under section 62
79. Sub-zone orders
80. Quota notices
81. Transfer of individual quota units
82. Offences in relation to individual quota
83. Sub-zone abalone orders
84. Abalone Fishery Access Licence specification
85. Abalone quota unit holding statement
86. Notification by holder of an individual abalone quota unit
87. Transfer of individual abalone quota units
88. Requirement on holder of an Abalone Fishery Access Licence to hold minimum number of individual blacklip abalone quota units
89. Penalty for failure to pay royalty or levy
90. Forfeiture of individual abalone quota unit
91. Protected aquatic biota permits
92. Noxious aquatic species permits
93. Revocation of permit
94. Notice to be given of location of noxious aquatic species
95. Seizure and removal of noxious aquatic species
96. Prevention of spread of aquatic noxious species
97. Provisions applying to fisheries reserves
98. Records of searches
99. Information on searches to be included in annual report
100. Provisions relating to the seizure of items
101. Forfeiture or return of things seized or retained
102. Actions that may be taken in the case of seized things subject to automatic forfeiture
103. Disposal notice
104. Person may claim return of seized thing from Secretary
105. Court may make a condemnation order in respect of thing forfeited to Crown
106. Retention notices
107. Abalone packaging not to be disturbed
108. Passage of fish not to be blocked
109. Secretary may require details of fish etc. taken or received
110. Evidentiary and onus of proof provisions
111. Simplification of proof
112. Statement to be evidence of authority
113. Statement to be evidence of certain matters
114. Court may order offenders to take specified actions
115. Further prohibition court order
116. Prohibition to be in or on specified waters
117. Applications for authorities to conduct controlled operations
118. Determination of applications
119. Matters to be taken into account
120. Form of authority
121. When can an authority be varied?
122. Application for variation of authority
123. Determination of application to vary authority
124. Form of variation of authority
125. Cancellation of authorities
126. Notification requirements
127. Principal law enforcement officers' reports
128. Secretary's reports
129. Annual report by Victorian Inspectorate
130. Keeping documents connected with authorised operations
131. General register
132. Inspection of records by Victorian Inspectorate
133. No delegations
134. Evidence of authorities
135. Functions of Commercial Fisheries Licensing Panel
136. Reviewable decisions
137. Research carried out by Secretary
138. Fisheries Plant and Equipment Fund
139. Immunity provision
140. Availability for inspection
141. Secretary may supply names to representative bodies
142. Secrecy provision
143. Use of information contrary to restrictions
144. Application—general provisions
145. Levy
146. Fisheries notices
147. Power of Secretary to cancel licence
148. Compensation
149. State not liable
150. Delegation
151. New Part 10A inserted
152. Application or referral of disputed claim
153. Jurisdiction
154. Form of notice of referral
155. Parties may vary offer or claim
156. Principles to be applied in determining compensation
157. Costs
158. Schedule 4 amended
PART 6--AMENDMENT OF OTHER ACTS AND REPEAL OF PART 5 AND THIS PART
Division 1--Catchment and Land Protection Act 1994
159. Definitions
Division 2--Conservation, Forests and Lands Act 1987
160. Definitions
Division 3--Crown Land (Reserves) Act 1978
161. Definitions
Division 4--Environment Protection Act 1970
162. Definitions
Division 5--Firearms Act 1996
163. Authorised officers under the Conservation, Forests and Lands Act 1987 to exercise powers under this Act
164. Annual reports
Division 6--Flora and Fauna Guarantee Act 1988
165. Definitions
Division 7--Forests Act 1958
166. Definitions
Division 8--Land Act 1958
167. Definitions
Division 9--Land Conservation (Vehicle Control) Act 1972
168. Proceedings for contravention of regulations
Division 10--National Parks Act 1975
169. Definitions
170. Persons with functions of public service body Head
Division 12--Surveillance Devices Act 1999
171. Definitions
172. Application of Division
Division 13--Traditional Owner Settlement Act 2010
173. Definition of decision maker
Division 14--Wildlife Act 1975
174. Definitions
Division 15--Consequential amendments to notes in the Fisheries Act 1995 and Conservation, Forests and Lands Act 1987
175. Court may prohibit persons from recreational fishing
176. Appointment of authorised officers
Division 16--Repeal of Part 5 and this Part
177. Repeal of Part 5 and this Part
ENDNOTES
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