446Exemption from offence in Act relating to stocking fish into protected waters

446 Exemption from offence in Act relating to stocking fish into protected waters

(1) A person may apply to the Victorian Fisheries Authority for an exemption from section 42(1)(ba) of the Act in respect of the stocking of fish into protected waters.

(2) The Victorian Fisheries Authority may exempt a person under subregulation (1), if the Victorian Fisheries Authority considers it necessary or reasonable in the circumstances of a particular case to do so.

(3) The Victorian Fisheries Authority must give a notice in writing containing details of any exemption granted under subregulation (2) to a person within 5 business days after granting the exemption.

(4) The Victorian Fisheries Authority, by notice published in the Government Gazette, may exempt a class of persons from section 42(1)(ba) of the Act in respect of the stocking of fish into protected waters, if the Victorian Fisheries Authority considers it necessary or reasonable in the circumstances and an application has been made under subregulation (1).

(5) An exemption under this regulation takes effect—

(a) in the case of an exemption granted under subregulation (2), on the date specified in the notice given under subregulation (3); or

(b) in the case of an exemption granted under subregulation (4), on any date specified in the notice or the day on which the notice is published in the Government Gazette, whichever is the later.

(6) The Victorian Fisheries Authority may impose conditions on an exemption under this regulation that relate to the stocking of fish into protected waters.

(7) In granting an exemption, the Victorian Fisheries Authority must specify in the notice given under subregulation (3) or published under subregulation (4)—

(a) that the person or class of persons is exempt from section 42(1)(ba) of the Act; and

(b) the place or area at which the exemption applies; and

(c) the period during which the exemption applies; and

(d) the circumstances in which the exemption applies; and

(e) any conditions that apply to the exemption.

Division 7—Other matters relating to aquaculture licences