88Fisheries reserves

88 Fisheries reserves S. 88(1) amended by No. 17/2002 s. 11(1), substituted by No. 108/2003 s. 39(1). (1) The Governor in Council may, by Order in Council, declare as a fisheries reserve— (a) any waters that are not reserved under the **National Parks Act 1975**; or (b) any Crown land under the **Land Act 1958**; or (c) any land reserved under section 4 of the **Crown Land (Reserves) Act 1978** if the use of the land as a fisheries reserve will not be detrimental to the purposes for which the land was reserved under that section. (2) The Order in Council must— S. 88(2)(a) amended by No. 108/2003 s. 39(2)(a). (a) identify the area which is to constitute the fisheries reserve; and (b) specify the purpose of the fisheries reserve which must be consistent with the objectives of this Act, including one or more of the following— (i) spawning, hatching or nursery; (ii) critical habitat; (iii) aquaculture; (iv) harvesting; (v) management or monitoring; (vi) education, research or scientific; (vii) non-consumptive uses of fish or protected aquatic biota. (3) An Order in Council cannot be made under this section unless— S. 88(3)(a) repealed by No. 35/2009 s. 35. S. 88(3)(b) substituted by No. 108/2003 s. 39(2)(b). (b) in the case of any Crown land under the **Land Act 1958**, the Minister has consulted with the Minister responsible for that land under that Act; and S. 88(3)(ba) inserted by No. 108/2003 s. 39(2)(b). (ba) in the case of any land reserved under section 4 of the **Crown Land (Reserves) Act 1978**, the Minister has consulted with the Minister responsible for that land under that Act; and (c) the Minister has published a notice of intention to declare the fisheries reserve in a newspaper circulating generally in Victoria and in a newspaper circulating generally in the area of the proposed fisheries reserve at least 2 months before the Order in Council is to be made. (4) The notice of intention must specify— S. 88(4)(a) amended by No. 108/2003 s. 39(2)(a). (a) the area which is to be constituted as a fisheries reserve; and (b) the purpose of the proposed fisheries reserve; and (c) the procedures for making public comments and considering submissions. (5) A marine reserve proclaimed under section 79A of the **Fisheries Act 1968** continues to be a marine reserve as if subsections 79A(1), 79A(2), 79A(4) and 79A(5) had not been repealed until— (a) it is declared to be a fisheries reserve; or (b) it is proclaimed to be a park or reserve under the **National Parks Act 1975**; or S. 88(5)(c) repealed by No. 17/2002 s. 11(2). (d) the proclamation is revoked— whichever first occurs. (6) A declaration under this section is a subordinate instrument for the purposes of the **Interpretation of Legislation Act 1984**. S. 88(7) repealed by No. 17/2002 s. 11(2).