165Compensation only payable to licence holders and permit holders as provided in this Part

165 Compensation only payable to licence holders and permit holders as provided in this Part (1) Except as provided in this Part, compensation is not payable by the State of Victoria to a person who is, or has been at any time, the holder of— (a) a fishery licence; or (b) a general permit under section 49— for any loss, damage or injury whatsoever resulting from or arising out of— S. 165(1)(c) amended by No. 97/2003 s. 11(a). (c) the enactment of the **National Parks (Marine National Parks and Marine Sanctuaries) Act 2002** or the **Forests and National Parks Acts (Amendment) Act 2003**; or S. 165(1)(d) amended by No. 97/2003 s. 11(b)(i)(ii). (d) the existence of any marine national park or marine sanctuary (within the meaning of the **National Parks Act 1975**) as effected by the operation of the **National Parks (Marine National Parks and Marine Sanctuaries) Act 2002** or the **Forests and National Parks Acts (Amendment) Act 2003**. (2) Nothing in this section prevents any proceeding to recover damages for any loss, damage or injury whatsoever resulting from or arising out of any person negligently or unlawfully exercising, purporting to exercise or failing to exercise any power, duty or authority conferred by or under this Act or the **National Parks Act 1975**. S. 166 inserted by No. 40/2002 s. 27.