60ARemoval notice on cessation of aquaculture activities

60A Removal notice on cessation of aquaculture activities S. 60A(1) substituted by No. 108/2003 s. 32(2). (a) a person's authorisation to conduct aquaculture activities under an aquaculture licence or a general permit ceases; and (b) the licence or permit related to an area that is Crown land. S. 60A(2) amended by Nos 108/2003 s. 32(3), 68/2016 s. 76(1). (2) The Victorian Fisheries Authority may, by notice in writing served on the person, require the person within any reasonable time specified in the notice to remove any commercial aquaculture equipment, fish, fishing bait or aquatic flora specified in the notice from the area to which the licence or permit applied. (3) A person who is served with a notice under subsection (2) must comply with the requirements of the notice. 1. 100 penalty units or 6 months imprisonment or both. S. 60A(4) amended by No. 68/2016 s. 76(2). (4) If a person has failed to comply with the requirements of the notice, the Victorian Fisheries Authority may at any reasonable time having regard to all the circumstances— (a) enter upon any land or protected waters or any other premises other than a dwelling house for the purpose of searching for, or seizing and removing, any commercial aquaculture equipment, fish, fishing bait or aquatic flora specified in the notice; and (b) seize and remove any commercial aquaculture equipment, fish, fishing bait or aquatic flora specified in the notice. S. 60A(5) amended by No. 68/2016 s. 76(2). (5) Any commercial aquaculture equipment, fish, fishing bait or aquatic flora seized under subsection (3) may be disposed of as the Victorian Fisheries Authority directs. S. 60A(6) amended by No. 68/2016 s. 76(3). (6) All reasonable costs and expenses incurred by the Victorian Fisheries Authority as a result of the failure of the person to comply with the notice may be recovered from that person by the Victorian Fisheries Authority. S. 60A(7) amended by No. 68/2016 s. 76(4). (7) If the whole or part of an amount payable under subsection (6) has not been paid to the Victorian Fisheries Authority as required or the proceeds from the sale of the seized things do not meet the Victorian Fisheries Authority's costs and expenses, the Victorian Fisheries Authority may recover the amount unpaid as a debt in a court of competent jurisdiction. S. 60A(8) amended by No. 68/2016 s. 76(5). (8) After the payment of the Victorian Fisheries Authority's costs and expenses, any proceeds remaining from the sale of the seized things must be paid to the person whose property they were at the time they were seized.