Version No. 020
Conservation, Forests and Lands (Infringement Notice) Regulations 2002
S.R. No. 48/2002
Version incorporating amendments as at 9 February 2007
table of provisions
RegulationPage
1
RegulationPage
1.Objective
2.Authorising provision
3.Commencement
4.Revocations
5.Definition
6.Offences
7–9.Revoked
______
SCHEDULES
SCHEDULE 1—Regulations Revoked
SCHEDULE 2
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
1
Version No. 020
Conservation, Forests and Lands (Infringement Notice) Regulations 2002
S.R. No. 48/2002
Version incorporating amendments as at 9 February 2007
1
S.R. No. 48/2002
Conservation, Forests and Lands (Infringement Notice) Regulations 2002
1.Objective
The objective of these Regulations is to prescribe—
(a)the offences against a relevant law for which an infringement notice may be served;
Reg. 1(b) amended by S.R. No. 134/2006 reg.3(a)(i).
(b)penalties for prescribed offences.
Reg. 1(c) revoked by S.R. No. 134/2006 reg.3(a)(ii).
*****
2.Authorising provision
These Regulations are made under section 99 of the Conservation, Forests and Lands Act 1987.
3.Commencement
These Regulations come into operation on 29 June 2002.
4.Revocations
The Regulations listed in Schedule 1 are revoked.
5.Definition
In these Regulations—
"the Act" means the Conservation, Forests and Lands Act 1987.
6.Offences
r. 6
(1)For the purposes of section 91(1) of the Act, the prescribed offences are the offences set out in Column 3 of Schedule 2.
(2)For the purposes of section 91(3) of the Act, the penalty prescribed for a prescribed offence is the amount set out in Column 4 of Schedule 2 opposite that prescribed offence.
(3)A summary of an offence in Column 5 of Schedule 2 is not to be taken to affect—
(a)the nature or elements of the offence to which the summary refers; or
(b)the operation of these Regulations.
Regs 7–9 revoked by S.R. No. 134/2006 reg.3(b).
*****
______
SCHEDULES
SCHEDULE 1
Sch. 1
Regulation 4
RegulationsRevoked
S.R. No. / Title164/1992 / Conservation, Forests and Lands (Infringement Notice) Regulations 1992
338/1992 / Conservation, Forests and Lands (Infringement Notice) (Amendment) Regulations 1992
60/1993 / Conservation, Forests and Lands (Infringement Notice) (Amendment) Regulations 1993
145/1993 / Conservation, Forests and Lands (Infringement Notice) (Amendment No. 2) Regulations 1993
74/1995 / Conservation, Forests and Lands (Infringement Notice) (Amendment) Regulations 1995
159/1995 / Conservation, Forests and Lands (Infringement Notice) (Further Amendment) Regulations 1995
78/1996 / Conservation, Forests and Lands (Infringement Notice) (Amendment) Regulations 1996
40/1997 / Conservation, Forests and Lands (Infringement Notice) (Amendment) Regulations 1997
21/1998 / Conservation, Forests and Lands (Infringement Notice) (Amendment) Regulations 1998
43/1998 / Conservation, Forests and Lands (Infringement Notice) (Amendment No. 3) Regulations 1998
47/1998 / Conservation, Forests and Lands (Infringement Notice) (Amendment No. 2) Regulations 1998
125/1999 / Conservation, Forests and Lands (Infringement Notice) (Fisheries) Regulations 1999
148/1999 / Conservation, Forests and Lands (Infringement Notice) (Amendment) Regulations 1999
9/2000 / Conservation, Forests and Lands (Infringement Notice) (Alpine Resorts) Regulations 2000
S.R. No. / Title
14/2000 / Conservation, Forests and Lands (Infringement Notice) (Game) Regulations 2000
36/2001 / Conservation, Forests and Lands (Infringement Notice) (Fisheries) Regulations 2001
86/2001 / Conservation, Forests and Lands (Infringement Notice) (Anglesea Heath) Regulations 2001
165/2001 / Conservation, Forests and Lands (Infringement Notice) (Amendment) Regulations 2001
Sch. 1
______
Sch. 2 amended by S.R. Nos 17/2003 regs3, 4, 122/2003 regs4, 5, 11/2004 regs3, 4, 88/2004 reg.4(Sch. 1 item7), 172/2004 regs4–9, 48/2005 reg.4, 172/2005 reg.3, 140/2006 reg.4, 141/2006 reg.3, 150/2006 reg.3.
SCHEDULE 2
Sch. 2
Regulation 6
Column 1Item / Column 2
Identifying Number / Column 3
Offences / Column 4
Penalty / Column 5
Summary of Offence
FISHERIES
1 / 4369 / An offence under section 36(2) of the Fisheries Act 1995 / 5 penalty units / possess commercial fishing equipment without being authorised to do so under the Fisheries Act 1995
2 / 4130 / An offence under section 44(1)(a) of the Fisheries Act 1995 / 1 penalty unit / take or attempt to take fish from inland waters without authority
*****
4 / 6762 / An offence under section 44(1)(c) ofthe Fisheries Act 1995 / 1 penalty unit / take or attempt to take fish from marine waters without authority
5 / 4132 / An offence under section 44(1)(d) of the Fisheries Act 1995 / 1 penalty unit / use or possess a recreational hoop net or a recreational mesh net in, on or next to Victorian waters unless authorised to do so
Column 1
Item / Column 2
Identifying Number / Column 3
Offences / Column 4
Penalty / Column 5
Summary of Offence
5A / 6911 / An offence under section 53(1) of the Fisheries Act 1995 being an offence to which paragraph (c) of section 53(1) applies constituted by a failure to comply with a licence condition imposed by regulation 301(2)(a) of theFisheries Regulations 1998 / 3 penalty units / as a licence holder, fail to ensure that any information provided to the Secretary, is provided clearly, legibly, truthfully and accurately
5B / 6912 / An offence under section 53(1) of the Fisheries Act 1995 being an offence to which paragraph (c) of section 53(1) applies constituted by a failure to comply with a licence condition imposed by regulation 301(2)(b) of theFisheries Regulations 1998 / 3 penalty units / as a licence holder, fail to notify the Secretary within 28days of any change to his or her residential address or postal address or, in the case of a corporation, the registered office address
Sch. 2
Column 1Item / Column 2
Identifying Number / Column 3
Offences / Column 4
Penalty / Column 5
Summary of Offence
5C / 6913 / An offence under section 53(1) of the Fisheries Act 1995 being an offence to which paragraph (c) of section 53(1) applies constituted by a failure to comply with a licence condition imposed by regulation 301(2)(d) of theFisheries Regulations 1998 / 3 penalty units / as a licence holder, fail to ensure that the licence or a true and accurate copy of the licence is retained on board the boat, or in the case of licensed premises, on those premises, at all times
5D / 6914 / An offence under section 53(1) of the Fisheries Act 1995 being an offence to which paragraph (c) of section 53(1) applies constituted by a failure to comply with a licence condition imposed by regulation 302(2)(a) of theFisheries Regulations 1998 / 3 penalty units / as a licence holder, fail to ensure that a monthly catch and effort return is completed on the form provided by the Secretary showing all the details required by the form
Sch. 2
Column 1Item / Column 2
Identifying Number / Column 3
Offences / Column 4
Penalty / Column 5
Summary of Offence
5E / 6915 / An offence under section 53(1) of the Fisheries Act 1995 being an offence to which paragraph (c) of section 53(1) applies constituted by a failure to comply with a licence condition imposed by regulation 302(2)(b) of theFisheries Regulations 1998 / 3 penalty units / as a licence holder, fail to ensure that the catch and effort return completed under regulation 302(2)(a) of the Fisheries Regulations 1998 is sent to the Secretary by the 14th day of the month following the period of the return
5F / 6916 / An offence under section 53(1) of the Fisheries Act 1995 being an offence to which paragraph (c) of section 53(1) applies constituted by a failure to comply with a licence condition imposed by regulation 302(2)(c) of theFisheries Regulations 1998 / 3 penalty units / as a licence holder, fail to ensure that a copy of every catch and effort return completed under regulation 302(2)(a) of the Fisheries Regulations 1998 is retained for a period of 3years
Sch. 2
Column 1Item / Column 2
Identifying Number / Column 3
Offences / Column 4
Penalty / Column 5
Summary of Offence
5G / 6917 / An offence under section 53(1) of the Fisheries Act 1995 being an offence to which paragraph (c) of section 53(1) applies constituted by a failure to comply with a licence condition imposed by regulation 302(2)(f) of theFisheries Regulations 1998 / 3 penalty units / as a licence holder, fail to ensure that any fish that are not required to be taken other than noxious aquatic species, are immediately returned to the water with the least possible injury or damage
5H / 6918 / An offence under section 53(1) of the Fisheries Act 1995 being an offence to which paragraph (c) of section 53(1) applies constituted by a failure to comply with a licence condition imposed by regulation 302(2)(g) of theFisheries Regulations 1998 / 3 penalty units / as a licence holder, take, possess, retain on board or land from a boat, more than the catch limit of fish of the taxa specified in regulation 504 of the Fisheries Regulations 1998
Sch. 2
Column 1Item / Column 2
Identifying Number / Column 3
Offences / Column 4
Penalty / Column 5
Summary of Offence
5I / 6919 / An offence under section 53(1) of the Fisheries Act 1995 being an offence to which paragraph (c) of section 53(1) applies constituted by a failure to comply with a licence condition imposed by regulation 302(2)(h) of theFisheries Regulations 1998 / 3 penalty units / as a licence holder, take, possess, retain on board or land from a boat, more than a total of 400kilograms of fish of the taxa specified in regulation 504 of the Fisheries Regulations 1998
5J / 6920 / An offence under section 53(1) of the Fisheries Act 1995 being an offence to which paragraph(c) of section 53(1) applies constituted by a failure to comply with a licence condition imposed by regulation 302(2)(i) of theFisheries Regulations 1998 / 3 penalty units / as a licence holder, take, possess, retain on board or land from a boat, any fish of the taxa specified in regulation 302(2)(i) of the Fisheries Regulations 1998
Sch. 2
Column 1Item / Column 2
Identifying Number / Column 3
Offences / Column 4
Penalty / Column 5
Summary of Offence
5K / 6921 / An offence under section 53(1) of the Fisheries Act 1995 being an offence to which paragraph (c) of section 53(1) applies constituted by a failure to comply with a licence condition imposed by regulation 314(2)(d)(i) of theFisheries Regulations 1998 / 3 penalty units / as a holder of an Ocean Fishery Access Licence, when operating in the Ocean Fishery, use more than 6fishing lines
5L / 6922 / An offence under section 53(1) of the Fisheries Act 1995 being an offence to which paragraph (c) of section 53(1) applies constituted by a failure to comply with a licence condition imposed by regulation 314(2)(d)(ii) of theFisheries Regulations 1998 / 3 penalty units / as a holder of an Ocean Fishery Access Licence, when operating in the Ocean Fishery, use or possess any line with more than 3hooks attached to each line
Sch. 2
Column 1Item / Column 2
Identifying Number / Column 3
Offences / Column 4
Penalty / Column 5
Summary of Offence
5M / 6923 / An offence under section 53(1) of the Fisheries Act 1995 being an offence to which paragraph (c) of section 53(1) applies constituted by a failure to comply with a licence condition imposed by regulation 314(2)(e)(i) of theFisheries Regulations 1998 / 3 penalty units / as a holder of an Ocean Fishery Access Licence, when operating in the Ocean Fishery, on any one day, take, possess or retain on board any boat more than a total combined number of 2gummy shark and school shark
5N / 6924 / An offence under section 53(1) of the Fisheries Act 1995 being an offence to which paragraph (c) of section 53(1) applies constituted by a failure to comply with a licence condition imposed by regulation 314(2)(e)(ii) of theFisheries Regulations 1998 / 3 penalty units / as a holder of an Ocean Fishery Access Licence, when operating in the Ocean Fishery, on any one day, land from any boat more than a combined number of 2gummy shark and school shark
Sch. 2
Column 1Item / Column 2
Identifying Number / Column 3
Offences / Column 4
Penalty / Column 5
Summary of Offence
5O / 6925 / An offence under section 53(1) of the Fisheries Act 1995 being an offence to which paragraph (c) of section 53(1) applies constituted by a failure to comply with a licence condition imposed by regulation 314(2)(j) of theFisheries Regulations 1998 / 3 penalty units / as a holder of an Ocean Fishery Access Licence, when operating in the Ocean Fishery, take more than 8wrasse on any one day
5P / 6926 / An offence under section 53(1) of the Fisheries Act 1995 being an offence to which paragraph (c) of section 53(1) applies constituted by a failure to comply with a licence condition imposed by regulation 314(2)(k) of theFisheries Regulations 1998 / 3 penalty units / as a holder of an Ocean Fishery Access Licence, when operating in the Ocean Fishery, take, possess or land from any boat more than 2banded morwong on any one day
Sch. 2
Column 1Item / Column 2
Identifying Number / Column 3
Offences / Column 4
Penalty / Column 5
Summary of Offence
5Q / 6855 / An offence under section 53(1) of the Fisheries Act 1995 being an offence to which paragraph (c) of section 53(1) applies constituted by a failure to comply with a licence condition imposed by regulation 335(2)(f) of theFisheries Regulations 1998 / 3 penalty units / as a holder of an aquaculture licence, fail to complete an aquaculture crop production return on the form approved by the Secretary for the period 1July to 31December in each year and 1January to 30June in each year and forward the original return to the Secretary within 30days of the end of each period
6 / 6650 / An offence under section 53(4) of the Fisheries Act 1995 being an offence to which paragraph (b) of section 53(4) applies constituted by a failure to comply with a licence condition imposed by regulation 301(2)(a) of
the Fisheries Regulations 1998[1] / 3 penalty units / as a person who acts on behalf of the holder of a licence, fail to ensure that any information provided to the Secretary, is provided clearly, legibly, truthfully and accurately
Sch. 2
Column 1Item / Column 2
Identifying Number / Column 3
Offences / Column 4
Penalty / Column 5
Summary of Offence
7 / 6651 / An offence under section 53(4) of the Fisheries Act 1995 being an offence to which paragraph (b) of section 53(4) applies constituted by a failure to comply with a licence condition imposed by regulation 301(2)(b) of theFisheries Regulations 1998 / 3 penalty units / as a person who acts on behalf of the holder of a licence, fail to notify the Secretary within 28days of any change to his or her residential address or postal address or, in the case of a corporation, the registered office address
8 / 6652 / An offence under section 53(4) of the Fisheries Act 1995 being an offence to whichparagraph (b) of section 53(4) applies constituted by a failure to comply with a licence condition imposed by regulation 301(2)(d) of theFisheries Regulations 1998 / 3 penalty units / as a person who acts on behalf of the holder of a licence, fail to ensure that the licence or a true and accurate copy of the licence is retained on board the boat, or in the case of licensed premises, on those premises, at all times
Sch. 2
Column 1Item / Column 2
Identifying Number / Column 3
Offences / Column 4
Penalty / Column 5
Summary of Offence
9 / 6653 / An offence under section 53(4) of the Fisheries Act 1995 being an offence to whichparagraph (b) of section 53(4) applies constituted by a failure to comply with a licence condition imposedby regulation 301(2)(f) of
the Fisheries Regulations 1998 / 3 penalty units / as a person who acts on behalf of the holder of a licence, fail to ensure that the Secretary is notified as soon as practicable of the loss, damage or destruction of any document issued to the licence holder under the Fisheries Act 1995 or
the Fisheries Regulations 1998
10 / 6654 / An offence under section 53(4) of the Fisheries Act 1995 being an offence to whichparagraph (b) of section 53(4) applies constituted by a failure to comply with a licence condition imposed by regulation 302(2)(a) of
the Fisheries Regulations 1998 / 3 penalty units / as a person who acts on behalf of the holder of a licence, fail to ensure that a monthly catch and effort return is completed on the form provided by the Secretary showing all the details required by the form
Sch. 2
Column 1Item / Column 2
Identifying Number / Column 3
Offences / Column 4
Penalty / Column 5
Summary of Offence
11 / 6655 / An offence under section 53(4) of the Fisheries Act 1995 being an offence to whichparagraph (b) of section 53(4) applies constituted by a failure to comply with a licence condition imposedby regulation 302(2)(b) of
the Fisheries Regulations 1998 / 3 penalty units / as a person who acts on behalf of the holder of a licence, fail to ensure that the catch and effort return completed under regulation 302(2)(a) of the Fisheries Regulations 1998 is sent to the Secretary by the 14th day of the month following the period of the return
12 / 6656 / An offence under section 53(4) of the Fisheries Act 1995 being an offence to whichparagraph (b) of section 53(4) applies constituted by a failure to comply with a licence condition imposed by regulation 302(2)(c) of
the Fisheries Regulations 1998 / 3 penalty units / as a person who acts on behalf of the holder of a licence, fail to ensure that a copy of every catch and effort completed under regulation 302(2)(a) of the Fisheries Regulations 1998 is retained for a period of 3 years
Sch. 2
Column 1Item / Column 2
Identifying Number / Column 3
Offences / Column 4
Penalty / Column 5
Summary of Offence
13 / 6657 / An offence under section 53(4) of the Fisheries Act 1995 being an offence to whichparagraph (b) of section 53(4) applies constituted by a failure to comply with a licence condition imposed by regulation 302(2)(f) of
the Fisheries Regulations 1998 / 3 penalty units / as a person who acts on behalf of the holder of a licence, fail to ensure that any fish that are not required to be taken, other than noxious aquatic species, are immediately returned to the water with the least possible injury or damage
14 / 6658 / An offence under section 53(4) of the Fisheries Act 1995 being an offence to whichparagraph (b) of section 53(4) applies constituted by a failure to comply with a licence condition imposed by regulation 302(2)(g) of
the Fisheries Regulations 1998 / 3 penalty units / as a person who acts on behalf of the holder of a licence, take, possess, retain on board or land from a boat, more than the catch limit of the taxa specified in regulation 504 of the Fisheries Regulations 1998
Sch. 2
Column 1Item / Column 2
Identifying Number / Column 3
Offences / Column 4
Penalty / Column 5
Summary of Offence
15 / 6659 / An offence under section 53(4) of the Fisheries Act 1995 being an offence to whichparagraph (b) of section 53(4) applies constituted by a failure to comply with a licence condition imposed by regulation 302(2)(h) of
the Fisheries Regulations 1998 / 3 penalty units / as a person who acts on behalf of the holder of a licence, take, possess, retain on board or land from a boat, more than a total of 400kilograms of fish of the taxa specified in regulation 504 of the Fisheries Regulations 1998
16 / 6660 / An offence under section 53(4) of the Fisheries Act 1995 being an offence to whichparagraph (b) of section 53(4) applies constituted by a failure to comply with a licence condition imposed by regulation 302(2)(i) of
the Fisheries Regulations 1998 / 3 penalty units / as a person who acts on behalf of the holder of a licence, take, possess, retain on board or land from a boat, any fish of the taxa specified in regulation 302(2)(i) of the Fisheries Regulations 1998
Sch. 2
Column 1Item / Column 2
Identifying Number / Column 3
Offences / Column 4
Penalty / Column 5
Summary of Offence
16A / 6927 / An offence under section 67(3) of
the Fisheries Act 1995 constituted
by a contravention of regulation 506(2) of theFisheries Regulations 1998 / 3 penalty units / take or possess fish of a specified species from specified waters during the closed season for fish of that species, other than in accordance with regulation 506(4) of the Fisheries Regulations 1998
17 / 4322 / An offence under section 68A(3)(a) of the Fisheries Act 1995 / 1 penalty unit / take or have in possession fish that are less than the minimum size, or that are more than the maximum size, specified by regulation 501 of the Fisheries Regulations 1998 for that species of fish
18 / 4323 / An offence under section 68A(3)(b) of the Fisheries Act 1995 / 1 penalty unit / take or have in possession more fish than the catch limit for that species of fish
19 / 4324 / An offence under section 68A(4A) of the Fisheries Act 1995 / 3 penalty units / take or possess more than the catch limit for abalone but not more than twice the catch limit
Sch. 2
Column 1Item / Column 2
Identifying Number / Column 3
Offences / Column 4
Penalty / Column 5
Summary of Offence
19A / 6741 / An offence under section 68B(1)(a) of the Fisheries Act 1995 / 15 penalty units / as a person who is not otherwise permitted or authorised under the Fisheries Act1995, possess fish taken in waters of the Commonwealth or a State or Territory of the Commonwealth other than Victoria that are less than the minimum size, or that are more than the maximum size, specified for that species of fish under a lawof the Commonwealth or that State or Territory that corresponds to the Fisheries Act 1995 or, if there is no minimum or maximum size in that corresponding law, the specified size that would apply if the fish had been taken in Victorian waters
Sch. 2