Australian Fisheries Management Authority - Invitation for the Registration of Persons Interested in Plans of Management

Overview

The Register of Persons Interested in Plans of Management was enacted under the Fisheries Management Act 1991 to address the need for transparency and public participation in the management of fisheries resources in Australia. This initiative, overseen by the Australian Fisheries Management Authority (AFMA), aims to facilitate the inclusion of interested parties in the decision-making process by providing them with timely information on draft management plans. By inviting persons and organisations to register their interest, AFMA seeks to ensure that stakeholders are informed and can contribute to the development of sustainable fisheries practices. This legislative move underscores the policy objective of enhancing stakeholder engagement and improving the management of Australia's marine resources, thereby promoting accountability and collaborative stewardship in the fisheries sector.

Scope and Application

The Register of Persons Interested in Plans of Management, as established under the Australian Fisheries Management Authority (AFMA), pertains to any individuals or organisations that express a desire to receive updates on draft management plans formulated under section 17 of the Fisheries Management Act 1991. This Act invites registration from entities that have an interest in the plans, requiring them to submit their names and postal addresses in writing to AFMA Licensing. The geographic scope of the Act is national, as AFMA operates under the Commonwealth jurisdiction. This register is not limited to specific entities or industries but is open to any interested parties. The register is intended to facilitate transparency and engagement with stakeholders concerning fisheries management plans. However, the Act does not specify any exclusions or exemptions for registration, nor does it mention any thresholds that might limit participation. The operation of this register is subject to AFMA's compliance with the Privacy Act 1988 and the Australian Privacy Principles, ensuring the proper handling of any personal information collected.

Key Provisions

The primary operative sections of the Gazette, C2017G00857, involve the establishment of a register for persons and organisations interested in receiving information about draft management plans. According to section 1 of the Gazette, the Australian Fisheries Management Authority (AFMA) invites interested parties to have their names and postal addresses entered on this register (section 1(1)). These management plans are developed under section 17 of the Fisheries Management Act 1991. To be included in the register, individuals or entities must send their acceptances in writing to the AFMA Licensing office (section 1(2)). The Gazette outlines that the written acceptance must include the name and postal address of the person or organisation registering their interest (section 1(3)). Furthermore, registrants can specify whether they wish to be notified about all or specific plans of management (section 1(4)). For entities that existed at the publication date of the Gazette, acceptances must be received within one month from the publication date (section 1(5)). For all other entities, acceptances can be received within 12 months of the publication date (section 1(6)). The Act imposes several obligations and requirements on the parties or entities it governs. Primarily, interested persons or organisations must submit their acceptances in writing, including their full name and postal address (section 1(3)). They must also specify whether they want to be notified about all or specific plans of management (section 1(4)). Additionally, the acceptances must be received within the specified timeframe, either one month or 12 months from the publication date, depending on the entity's existence at the time of publication (section 1(5) and (6)). All personal information collected by AFMA for the purpose of maintaining the register must be managed in accordance with AFMA's obligations under the Privacy Act 1988 and the Australian Privacy Principles (section 1(7)). There are no explicit offences, penalties, or civil/criminal consequences mentioned for breach of the provisions in this Gazette. However, the requirement to include the name and postal address and to adhere to the specified timeframes for acceptances indicates a formal process that, if not followed, may result in non-inclusion on the register. Non-compliance with the Privacy Act 1988 and the Australian Privacy Principles could lead to separate legal consequences, including fines and other penalties as outlined in those statutes.