Victorian Numbered Regulations

FISHERIES REGULATIONS 2009 (SR NO 2 OF 2009) - REG 322

    (1)     For the purposes of section 67 of the Act, the closed season for rock lobster is—

        (a)     in the case of female rock lobster, the period from 1 June to 15 November in each year; and

        (b)     in the case of male rock lobster, the period from 15 September to 15 November in each year.

    (2)     For the purposes of section 67 of the Act, the taking or possessing of any rock lobster during the period specified as the closed season for rock lobster in subregulation (1) by any person, other than a person of one of the following classes of person is prohibited—

        (a)     holders of, or persons acting on behalf of holders of, an aquaculture licence that authorises the hatching, rearing, breeding, displaying or growing of rock lobster who take or possess rock lobster from the area specified in the aquaculture licence in accordance with the licence, the Act and these Regulations;

        (b)         holders of, or persons acting on behalf of holders of, a general permit authorising the taking or possession of rock lobster during that period who take rock lobster during that period in accordance with the permit, the Act and these Regulations;

        (c)     persons acting in accordance with the Act who possess rock lobster received from a person referred to in paragraph (a) or (b).

Note

Regulation 362, which prescribes matters for the purposes of section 120AC of the Act, requires that persons who possess more than 2 rock lobster must have in their possession a rock lobster receipt in respect of those rock lobster.

    (3)     A person who contravenes the prohibition in subregulation (2) is liable to a further penalty—

        (a)     in the case of a first offence, a penalty not exceeding 0·5 of a penalty unit for each rock lobster taken, landed, sold or possessed;

        (b)     in the case of a subsequent offence, a penalty not exceeding 1 penalty unit for each rock lobster taken, landed, sold or possessed.

Note

A failure to comply with the prohibition in this regulation is an offence under section 67(3) of the Act. A penalty of 100 penalty units or 6 months imprisonment or both applies.