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Fisheries (Abalone) Bill
Introduction Print
EXPLANATORY MEMORANDUM
General
The Bill will give effect to the Government's outstanding commitments in the
Victorian Abalone Fishery Management Plan (2002) and the remaining
abalone related components of the Government's response to the National
Competition Policy Review of the Fisheries Act 1995 (November 2001).
The Bill will amend the Fisheries Act 1995 (the Act) to create new quota
setting and management provisions for the abalone fishery. In particular, the
Bill will enable individual abalone quota units to be held by a person who
does not hold an Abalone Fishery Access Licence.
Clause Notes
PART 1--PRELIMINARY
Clause 1 sets out the purpose of the Bill.
Clause 2 provides for commencement of the Bill. Clauses 1, 2 and 11 of
the Bill come into operation on the day after the day on which the
Bill receives Royal Assent. The remaining provisions of the Bill
come into operation on a day or days to be proclaimed with a
forced commencement date of 1 April 2006.
PART 2ABALONE QUOTA
Clause 3 amends section 4(1) of the Act to insert definitions of "blacklip
abalone" and "greenlip abalone" and to make consequential
amendments to the definitions of "individual quota unit", "quota
fishery" and "quota order".
Clause 4 amends section 10(2) of the Act to provide that the property in
abalone taken from Victorian waters by the holder of an Abalone
Fishery Access Licence under that licence passes from the Crown
to the holder of the applicable individual abalone quota unit.
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551255 BILL LA INTRODUCTION 3/5/2005
Clause 5 inserts new section 59A into the Act to provide for the
registration of a financial interest in an individual blacklip or
greenlip abalone quota unit. The process for registering a
financial interest in an individual abalone quota unit is the same
as the process for registering a financial interest in an access
licence under the Act.
Proposed new section 59A(2) provides that a person who is the
holder of a registered financial interest in an Abalone Fishery
Access Licence at the time clause 5 comes into operation will be
deemed to also hold a registered financial interest in each
individual blacklip or greenlip abalone quota unit initially
allocated to the holder of that licence at that time.
Clause 6 makes a consequential amendment to section 64C of the Act.
Clause 7 inserts new Division 3A into the Act.
Proposed new section 66B will ensure that any existing quota
order or quota notice for the abalone fishery will continue to
apply following the commencement of clause 7 of the Bill until
an initial quota order is made under proposed new section 66C.
Proposed new section 66C provides for the Minister to make an
initial abalone quota order for the abalone fishery. The initial
abalone quota order sets out the basic framework for the quota
fishery including--
· specifying the area of the abalone fishery which is to be
managed by quota;
· the method for setting the number of individual quota
units for the fishery;
· setting the number of individual blacklip and greenlip
abalone quota units to be initially allocated to each
holder of an Abalone Fishery Access Licence in respect
of each licence;
· the minimum number of individual blacklip abalone
quota units which must be held by the holder of an
Abalone Fishery Access Licence in respect of each
licence.
It is intended that each holder of an Abalone Fishery Access
Licence will be initially allocated 20 individual blacklip abalone
quota units for each licence, while each holder of an Abalone
Fishery Access Licence in the western and central abalone zones
will initially be allocated one individual greenlip abalone quota
unit per licence. It is also intended that each holder of an
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Abalone Fishery Access Licence will need to hold a minimum of
five individual blacklip abalone quota units for each licence held
at all times.
Proposed new section 66D provides for the Minister to make a
further abalone quota order which sets out matters which may be
varied in each quota period. A further quota order sets the total
allowable catch for a quota period and can determine the quantity
of fish which make up an individual abalone quota unit for the
quota period.
Proposed new section 66E provides for the Minister to declare
that the abalone quota fishery includes a sub-zone and to set and
determine the method to allocate the portion of the total
allowable catch that applies to the sub-zone.
Proposed new section 66F provides that the Minister must
consult with the commercial peak body and any other relevant
consultative bodies and consider their comments before making,
revoking or amending an initial abalone quota order, a further
abalone quota order or a sub-zone abalone order.
Proposed new section 66G provides that the Secretary must
specify details of the individual abalone quota units under which
the holder of an Abalone Fishery Access Licence is entitled to
harvest abalone on the licence when the licence is renewed or
transferred and when there is a change to the number of
individual abalone quota units under which the licence holder is
entitled to harvest abalone. The licence will specify the details of
individual abalone quota units for which the licence holder is
nominated by the unit holder to harvest a quantity of abalone
under that quota unit.
Proposed new section 66H specifies when the Secretary is
required to issue an abalone quota unit holding statement to the
holder of an individual abalone quota unit.
Proposed new section 66I makes it clear that the holder of an
individual abalone quota unit is not entitled to take or possess a
commercial quantity of abalone unless the person is otherwise
authorised by the Act to take or possess a commercial quantity of
abalone.
Proposed new section 66J provides for the holder of an individual
abalone quota unit to nominate the holder of an Abalone Fishery
Access Licence to harvest abalone under an individual abalone
quota unit that he or she holds.
Proposed new section 66K enables the holder of an individual
abalone quota unit to transfer holdership of the whole quota unit
to another person.
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Proposed new section 66L provides that the Minister may
determine that any new individual abalone quota units or any
quota units that become available through forfeiture, etc may be
publicly sold by auction, tender, ballot or any other method
specified by the Minister.
Proposed new section 66M makes it an offence for the holder of
an Abalone Fishery Access Licence or a person acting on behalf
of the licence holder to take more abalone than he or she is
entitled to harvest.
Proposed new section 66N makes it an offence for the holder of
an Abalone Fishery Access Licence or a person acting on behalf
of the licence holder to take more abalone than is specified in the
abalone sub-zone notice given to the licence holder.
Proposed new section 66O provides that the holder of an Abalone
Fishery Access Licence must hold the minimum number of
individual blacklip abalone quota units specified in the initial
abalone quota order for each licence which he or she holds.
If the number of individual blacklip abalone quota units held by
the holder of an Abalone Fishery Access Licence are forfeited
such that the licence holder does not hold the minimum number
of quota units, the licence is suspended until the licence holder
acquires the number of quota units necessary to hold minimum
number of blacklip quota units. If the licence holder does not
hold the minimum number of individual abalone blacklip quota
units at the beginning of the next quota period, the Secretary
must defer renewal of the licence.
Proposed new section 66P provides that a court may, in addition
to any other penalty, order the forfeiture of one or more
individual abalone quota units held by a person convicted or
found guilty by the court of an offence under the Act relating to
abalone.
Proposed new section 66Q provides the Secretary with the power
to suspend, by written notice, an individual abalone quota unit if
any applicable royalty or levy is not paid within 14 days of the
due date. If the royalty or levy is not paid within 12 months of
the notice being served, the individual abalone quota unit is
cancelled.
Proposed new section 66R sets out the process to apply if a court
forfeits an individual abalone quota unit. The process recognises
the interests which holders of registered financial interests have
in individual abalone quota units and is the same as that which
applies under the Act if a court cancels a transferable licence.
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Clause 8 amends section 137 of the Act to provide that a person who is
aggrieved by a decision of the Secretary to refuse to approve the
transfer of an individual abalone quota unit may appeal the
decision to the Licensing Appeals Tribunal.
Clause 9 amends section 150 of the Act to allow a royalty to be imposed
on individual abalone quota units.
Clause 10 amends section 151 of the Act to allow levies to be prescribed for
individual abalone quota units. It is proposed that a levy be
introduced on individual blacklip abalone quota units to assist the
funding of environmental management initiatives being
undertaken by zonal abalone catching associations. The details
of the proposed levy will be specified in a regulatory impact
statement.
PART 3OTHER AMENDMENTS
Clause 11 amends section 51 of the Act to limit the type of entity to
which the Secretary may issue a Fish Receiver's Licence to an
individual, a single corporation or a co-operative. This is
consistent with limitations on who may hold access and
aquaculture licences and will provide for more effective
compliance and enforcement.
Clause 12 amends section 57 of the Act to prevent the Secretary from
renewing a Fish Receiver's Licence if it is not held by an
individual, a single corporation or a co-operative.
Clause 13 inserts new section 57C into the Act which provides transitional
arrangements for the introduction of the requirement for the
holder of a Fish Receiver's Licence to be an individual, a single
corporation or a co-operative.
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