Victorian Fisheries Authority Act 2016

to establish the Victorian Fisheries Authority; and

to make amendments to the Fisheries Act 1995 to enable the Victorian Fisheries Authority and its chief executive officer to perform or exercise regulatory and other functions or powers under that Act; and

to make further consequential amendments to the Conservation, Forests and Lands Act 1987, the Fisheries Act 1995 and other Acts.

Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

If a provision of this Act does not come into operation by 1 July 2017, it comes into operation on that day.

the recreational fishing sector;

the commercial fishing sector;

the Aboriginal fishing sector;

the aquaculture sector;

In this Act, a person is associated with another person or entity who is the holder of a commercial fishery licence or aquaculture licence if the person—

holds any relevant financial interest in the business of the other person or entity to which the commercial fishery licence or aquaculture licence relates, or is entitled to exercise any relevant power (including on behalf of anyone else) in the business and, because of that interest or power, is able to exercise significant influence over or with respect to the management or operation of the business; or

holds any relevant position (including on behalf of anyone else) in the business; or

is the other person's spouse, domestic partner, parent, step-parent, sibling, step‑sibling, child, step-child or adopted child.

In subsection (1)—

a person to whom the person is not married but with whom the person is living as a couple on a genuine domestic basis (irrespective of gender);

any share in the capital of the business; or

any entitlement to receive any income derived from the business;

to participate in any directorial, managerial or executive decision; or

to elect or appoint any person to any relevant position.

For the purposes of the definition of domestic partner in subsection (2), in determining whether persons who are not in a registered relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case.

There is established a body called the Victorian Fisheries Authority.

The Authority—

is a body corporate with perpetual succession; and

has an official seal; and

may sue and be sued; and

may acquire, hold and dispose of real and personal property; and

may do and suffer all acts and things that a body corporate may by law do and suffer.

All courts must take judicial notice of the seal of the Authority affixed to a document and, until the contrary is proved, must presume that it was duly affixed.

The official seal of the Authority must be kept in custody as directed by the Authority and must not be used except as authorised by the Authority.

to promote sustainability and responsibility in fishing and fishing-related activities in Victoria; and

to promote sustainability and responsibility in boating and boating-related activities in Victoria; and

to optimise the social, cultural and economic benefits of the fisheries sectors; and

to optimise the social, cultural and economic benefits of recreational boating and the recreational boating sector; and

to support the development of recreational fishing; and

to support the development of commercial fishing and aquaculture; and

to support the development of recreational boating and access to waterways; and

to work cooperatively with fisheries management bodies in other States, in Territories and the Commonwealth; and

to perform its functions and exercise its powers in any manner it considers best achieves its objectives.

to administer schemes for issuing licences and permits and allocating quotas under the Fisheries Act 1995; and

to inform and educate the fisheries sectors and the public about rights and obligations in relation to fishing; and

to inform and educate the recreational boating sector and the public about rights and obligations in relation to recreational boating; and

to monitor, investigate, enforce and promote compliance with this Act, the Fisheries Act 1995 and other Acts and the regulations made under them in so far as they relate to fishing and fishing activities; and

to monitor, investigate, enforce and promote compliance with the Marine Safety Act 2010 and other Acts and the regulations made under them in so far as they relate to recreational boating activities; and

to support the development of sustainability and responsibility in relation to—

recreational fishing activities; and

commercial fishing and aquaculture activities; and

recreational boating activities; and

to develop operational plans and procedures regarding any duty, function or power conferred on the Authority, the chief executive officer or authorised officers under this Act, the Fisheries Act 1995, the Marine Safety Act 2010 or any other Act; and

to conduct, coordinate and encourage research activities, including fisheries monitoring and assessment, for the achievement of the objectives of the Authority or the Fisheries Act 1995; and

to develop management plans in accordance with the Fisheries Act 1995; and

to provide advice to the Minister or Secretary to assist in the development of strategic policy or legislation in relation to the development, use or management of fisheries or recreational boating facilities in Victoria; and

to make recommendations to the Minister in relation to the exercise of the Minister's powers, duties and functions under the Fisheries Act 1995; and

to administer grants approved by the Minister in relation to fishing and fisheries; and

administer, on behalf of the Minister, grants given for recreational boating and related matters; and

to work with land, water, waterway and coastal managers and public sector bodies to improve fisheries and recreational boating and related or ancillary matters; and

to support the provision and maintenance of fishing and boating infrastructure; and

to control and manage land for fishing and boating purposes, including carrying out works, improvements and other related activities; and

to respond to any emergency or undertake compliance and enforcement activities; and

to perform any functions conferred on it by or under any other Act, including Acts of another State, a Territory or the Commonwealth.

has the powers conferred on it by or under this Act, the Fisheries Act 1995, the Marine Safety Act 2010 and regulations made under those Acts, or any other Act; and

may do all other things required or necessary to be done for or in connection with, or as incidental to, the achievement of its objectives or the performance of its functions.

an employee of the Authority; or

any person employed under Part 3 of the Public Administration Act 2004.

The Authority must exercise its powers and perform its functions under this Act or any other Act subject to any written directions given by the Minister.

If the Authority is given a written direction under subsection (1), the Authority must publish the direction—

in the Government Gazette within 14 days of receiving the direction; and

in its annual report; and

on its Internet site.