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Fisheries Act 1995
89Provisions applying to fisheries reserves
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89 Provisions applying to fisheries reserves
(1) The Minister may establish a committee of management for a fisheries reserve under section 14 of the **Crown Land (Reserves) Act 1978** as if it were permanently reserved under that Act and that Act shall apply in respect of the committee of management accordingly.
(2) A management plan must be prepared in respect of a fisheries reserve in accordance with Part 3.
S. 89(3) amended by No. 40/2019 s. 21(1).
(3) A fisheries notice, the regulations or an Order in Council may—
(a) prohibit or regulate fishing, the use of any equipment or any other activity in the fisheries reserve; and
S. 89(3)(b) amended by No. 68/2016 s. 97.
(b) provide for the issue of permits by the Victorian Fisheries Authority; and
S. 89(3)(c) amended by No. 68/2016 s. 97, substituted by No. 40/2019 s. 21(2).
(c) impose penalties not exceeding 20 penalty units for any contravention of—
(i) the fisheries notice; or
(ii) the regulations; or
(iii) the Order in Council; or
(iv) a permit issued by the Victorian Fisheries Authority.
S. 89(4) substituted by No. 40/2019 s. 21(3).
(4) If there is any inconsistency between a fisheries notice, the regulations, an Order in Council or a licence or permit issued under this Act—
(a) the fisheries notice prevails to the extent of the inconsistency over the regulations, the Order in Council, the licence or the permit; and
(b) the regulations prevail to the extent of the inconsistency over the Order in Council, the licence or the permit; and
(c) the Order in Council prevails to the extent of the inconsistency over the licence or the permit; and
(d) the relevant licences or permits are to be amended as soon as is practicable to remove the inconsistency.
S. 89(5) amended by No. 40/2019 s. 21(4).
(5) An authorised officer may direct any person—
(a) to immediately leave the fisheries reserve;
(b) to cease engaging in prohibited activities in the fisheries reserve;
(c) to remove any matter or thing from the fisheries reserve—
if in the opinion of the authorised officer the person, activity or thing is contravening a fisheries notice, the regulations, an Order in Council or a permit issued in respect of the fisheries reserve.
(6) A person must comply with any direction given under subsection (5).
Pt 6 (Heading and ss 90–100) amended by Nos 5/1997
ss 16, 17, 17/2002 ss 12, 13, 108/2003 s. 40,
repealed by No. 35/2009 s. 36,
new Pt 6 (Heading and ss 90–97B) inserted by No. 64/2013 s. 4.