Fisheries (Abalone) Regulations 2006

Fisheries (Abalone) Regulations 2006

S.R. No. 12/2006

table of provisions

RegulationPage

1.Objective

2.Authorising provision

3.Commencement

4.Principal Regulations

5.Amendments to definitions

6.Amendment to conditions of Abalone Fishery Access Licence

7.Amendments to minimum sizes regulation

8.Amendments to regulations dealing with forfeited abalone
quota

9.New regulation 623A inserted

623A.Individual abalone quota units not to be transferred iflevy not paid

10.New regulations 643 and 644 inserted

643.Prescribed information for abalone quota unit holding statement

644.Notification of nomination of an individual abalone quota unit

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ENDNOTES

S.R. No. 12/2006

Fisheries (Abalone) Regulations 2006

statutory rules 2006

S.R. No. 12/2006

Fisheries (Abalone) Regulations 2006

Fisheries Act 1995

S.R. No. 12/2006

Fisheries (Abalone) Regulations 2006

Fisheries (Abalone) Regulations 2006

S.R. No. 12/2006

Fisheries (Abalone) Regulations 2006

The Governor in Council makes the following Regulations:

Dated: 22 February 2006

Responsible Minister:

BOB CAMERON

Minister for Agriculture

justine franklin

Acting Clerk of the Executive Council

1.Objective

The objective of these Regulations is to implement the separation of individual abalone quota units from Abalone Fishery Access Licences as a consequence of the Fisheries (Abalone) Act 2005.

2.Authorising provision

These Regulations are made under section 153 of the Fisheries Act 1995.

3.Commencement

These Regulations come into operation on 1 April 2006.

4.Principal Regulations

In these Regulations, the Fisheries Regulations 1998[1] are called the Principal Regulations.

5.Amendments to definitions

r. 5

(1)In regulation 105(2) of the Principal Regulations, the definition of "abalone quota balance" is revoked.

(2)In regulation 105(2) of the Principal Regulations, the definition of "giant crab quota balance" is revoked.

(3)In regulation 105(2) of the Principal Regulations, the definition of "rock lobster quota balance" is revoked.

(4)In regulation 105(2) of the Principal Regulations, for paragraph (a)(v)(A) of the definition of "specified details" substitute—

"(A)western abalone zone or the central abalone zone—the total net weight (in kilograms) of each species of abalone in respect of each commercial abalone reef code recorded on Part A of the docket; or".

(5)In regulation 105(2) of the Principal Regulations, for paragraph (a)(vi) of the definition of "specified details" substitute—

"(vi)the number of bins containing greenlip abalone secured with bin tags and the number of bins containing blacklip abalone secured with bin tags;".

6.Amendment to conditions of Abalone Fishery Access Licence

After regulation 303(3)(m) of the Principal Regulations insert—

"(ma)that greenlip abalone is not placed in a bin or bag containing blacklip abalone; and".

7.Amendments to minimum sizes regulation

r. 7

(1)In column 1 of the Table to regulation 501(2) of the Principal Regulations, for "Abalone (species, forms, races and hybrids other than greenlip)" substitute "Blacklip abalone".

(2)In column 1 of the Table to regulation 501(3) of the Principal Regulations, for "Abalone (species, forms, races, and hybrids other than greenlip)" substitute "Blacklip abalone".

8.Amendments to regulations dealing with forfeited abalone quota

(1)Regulation 601 of the Principal Regulations is revoked.

(2)For regulations 602(1) and 602(2) of the Principal Regulations substitute—

"(1)If a court orders the forfeiture of an individual quota unit under sections 66M, 66N or 66P of the Act, and if the Secretary determines that the quota unit should be sold, the Secretary must sell the quota unit in accordance with this regulation.

(2)The Secretary must ensure that a notice—

(a)that advises of the forfeiture; and

(b)that invites any person to purchase the quota unit by tender in the manner set out in the notice—

is published in the Government Gazette and a daily newspaper circulating generally throughout Victoria.".

(3) In regulation 602(3) of the Principal Regulations, for "Any licence holder who receives the notice" substitute "A person".

(4)Regulation 602(3)(a) of the Principal Regulations is revoked.

(5)In regulation 602(5) of the Principle Regulations, for "licence holder" substitute "person".

(6)For regulation 602(6)(b) of the Principal Regulations substitute—

"(b)may give notice again in accordance with the manner set out in regulation 602(2).".

9.New regulation 623A inserted

r. 9

After regulation 623 of the Principal Regulations insert—

"623A.Individual abalone quota units not to be transferred if levy not paid

The Secretary must not transfer individual abalone quota units if the quota unit holder who applies to transfer the quota units has not paid any levy due in respect of the quota units.".

10.New regulations 643 and 644 inserted

After regulation 642 of the Principal Regulations insert—

"643.Prescribed information for abalone quota unit holding statement

For the purposes of section 66H(1) of the Act, an abalone quota unit holding statement must include—

(a)the name of the individual abalone quota unit holder;

(b)the date on which the statement was issued;

(c)the individual abalone quota unit numbers for all of the units held by the individual abalone quota unit holder named in the statement.

644.Notification of nomination of an individual abalone quota unit

r. 10

(1)For the purposes of section 66J(1) of the Act, notification to the Secretary of the nomination by an individual abalone quota unit holder of an Abalone Fishery Access Licence holder is made by the submission to the Secretary of a completed notification in the form approved by the Secretary.

(2)For the purposes of section 66J(3) of the Act, a notification must include—

(a)the individual abalone quota unit numbers for each quota unit being nominated;

(b)the total net weight in kilograms of the allowable catch remaining per quota unit for the current quota period;

(c)the total number of individual abalone quota units being nominated;

(d)the total net weight for all individual abalone quota units being nominated;

(e)the Abalone Fishery Access Licence number from which the unit is being taken except where the unit is not currently nominated to a licence holder;

(f)the Abalone Fishery Access Licence number that the individual abalone quota unit is being nominated to except where the unit is not to be nominated to a licence holder;

(g)the name, address, telephone number, Personal File Number and dated signature of—

(i)the individual abalone quota unit holder;

(ii)the Abalone Fishery Access Licence holder currently nominated to take abalone under the relevant quota unit except where the unit is not currently nominated to a licence holder;

(iii)the Abalone Fishery Access Licence holder proposed to be nominated to take abalone under the relevant quota unit except where the unit is not to be nominated to a licence holder.".

r. 10

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S.R. No. 12/2006

Fisheries (Abalone) Regulations 2006

ENDNOTES

Endnotes

[1] Reg. 4: S.R. No. 23/1998. Reprint No. 5 as at 1 April 2005 as amended by S.R.Nos 86/2005, 103/2005 and 123/2005.