38Access licences

38 Access licences (1) The regulations may create classes of access licences and may specify that the holder of an access licence of a particular class may do one or more of the following— (a) take specified fish for sale; (b) take specified fishing bait for sale; S. 38(1)(ba) inserted by No. 51/2007 s. 4, substituted by No. 35/2009 s. 54(1). (ba) possess, process or sell fish of a specified priority species; (c) use specified commercial fishing or commercial abalone equipment or to use commercial fishing or commercial abalone equipment generally; (d) possess specified commercial fishing or commercial abalone equipment or to possess commercial fishing or commercial abalone equipment generally; (e) do anything else relating to the taking of fish or fishing bait specified by the regulations; (f) use a boat to do anything authorised under paragraph (a), (b), (c), (d) or (e); (g) engage one or more people to do one or more of the things listed in this subsection. S. 38(1A) inserted by No. 60/2005 s. 29. (1A) An access licence does not authorise the carrying out of any activity specified in subsection (1) in any national park, wilderness park or State park (within the meaning of the **National Parks Act 1975**) or any reference area (within the meaning of the **Reference Areas Act 1978**). S. 38(1B) inserted by No. 60/2005 s. 29. (1B) Subsection (1A) does not apply to any access licence in force immediately before 7 March 2005, to the extent of any entitlements under that licence that were in force at that time. S. 38(2) amended by No. 68/2016 s. 56(1). (2) The Victorian Fisheries Authority may issue an access licence of a particular class to a person. S. 38(3) amended by No. 68/2016 s. 56(2). (3) An access licence continues in force for the period specified in the licence by the Victorian Fisheries Authority unless it is sooner cancelled or suspended under this Act. S. 38(4) substituted by No. 35/2009 s. 54(2), amended by No. 68/2016 s. 56(1). (4) The Victorian Fisheries Authority, for the purposes of subsection (3), may specify— (a) a period of up to 5 years for an access licence of a specified class of access licence if— (i) there is an Order in Council declaring that access licences of that specified class may be issued for a period of up to 5 years; or (ii) a management plan specifies that access licences of that specified class may be issued for a period of up to 5 years; or (b) in any other case, a period of up to one year. S. 38(4A) inserted by No. 35/2009 s. 54(2). (4A) For the purposes of subsection (4), the Governor in Council may, by Order in Council, declare that licences of a class of access licence may be issued for a period of up to 5 years. S. 38(5) amended by Nos 108/2003 s. 50(a), 68/2016 s. 56(2). (5) An access licence may not be cancelled by the Victorian Fisheries Authority except in accordance with section 58, 61(1)(c) or 148(9). (6) An access licence is renewable in accordance with section 57. (7) The following provisions apply to an access licence that is transferable if the holder dies— (a) despite anything to the contrary in this Act, the benefit of the licence is deemed to be an asset of the estate of the deceased; (b) the personal representative of the deceased is deemed to be the holder of the licence until it is transferred from the personal representative to an eligible person in accordance with this Act; S. 38(7)(c) amended by No. 35/2019 s. 8(1). (c) subject to paragraph (d), the licence must be transferred to an eligible person in accordance with section 56 within one year of the grant of probate or letters of administration or within 2 years of the date of the death of the deceased, whichever is the earlier; S. 38(7)(d) amended by Nos 68/2016 s. 56(2), 35/2019 s. 8(1). (d) the Victorian Fisheries Authority, on the recommendation of the Commercial Fisheries Licensing Panel, may grant an application by the personal representative for an extension of the period under paragraph (c) for a further period not exceeding one year. (8) For the purposes of subsection (7) ***personal representative*** has the same meaning as it has in section 5 of the **Administration and Probate Act 1958**. S. 39 substituted by No. 5/1997