Christmas Island Applied Laws Amendment (Fish Resources Management) Rules 2023

Overview

The Christmas Island Applied Laws Amendment (Fish Resources Management) Rules 2023 was introduced to address a technical issue concerning the definition of the area of Christmas Island Airport within the Christmas Island Applied Laws Ordinance 1992. This amendment was necessitated by the need to update how the area of the airport is referenced in the Ordinance to avoid frequent amendments due to changes in Deposited Plans, which are periodically updated. Instead, the area of the airport is now referenced using a Reserve Number, which is less likely to change. This change was enacted under section 4 of the Christmas Island Applied Laws Ordinance 1992 by the Minister for Regional Development, Local Government and Territories. The policy objective behind this amendment is to ensure that the legal reference to the area of the airport is accurate and stable, thus avoiding the need for repeated legislative updates. This minor change has no anticipated impact on the regulated community or any associated human rights.

Scope and Application

The Christmas Island Applied Laws Amendment (Fish Resources Management) Rules 2023 applies to the administration and management of fish resources in the waters surrounding Christmas Island, a territory under Australian jurisdiction. These rules specifically amend the Christmas Island Applied Laws Ordinance 1992 to update the definition of the area of Christmas Island Airport, altering the reference from a lot number on a Deposited Plan to a Reserve Number. This change is intended to reduce the need for future amendments to the definition, as Reserve Numbers are less likely to change than lot numbers on plans which may be periodically updated. The rules are applicable to persons and entities involved in the administration of fish resources management on Christmas Island, and they operate within the jurisdictional scope of Western Australian laws that apply to Christmas Island as stipulated by the Christmas Island Act 1958. This amendment does not affect the geographic location of the airport or have any direct impact on the regulated community. The rules commence on the day after they are registered and are made under section 4 of the Christmas Island Applied Laws Ordinance 1992. The amendment is a minor and technical update, designed to ensure the accuracy and future stability of the legal references concerning the airport area within the context of fish resources management.

Key Provisions

The Christmas Island Applied Laws Amendment (Fish Resources Management) Rules 2023 primarily focus on updating the definition of the area of Christmas Island Airport as outlined in section 4AB(4) of Part 15A of Schedule 1 of the Christmas Island Applied Laws Ordinance 1992 (the Ordinance). Specifically, the Rules replace the reference to "lot 598 on Deposited Plan 37939" with "the land within Reserve No. 46221" (item 1 of the Schedule). This change is intended to ensure the accuracy and stability of the legal description of the airport area, as Deposited Plans are subject to periodic amendments, whereas Reserve Numbers are less likely to change. This amendment is a technical update aimed at reducing the need for future revisions to the Ordinance. The Obligations and requirements imposed by these Rules are relatively straightforward. The primary obligation is to ensure that the definition of the area of Christmas Island Airport is accurately and permanently referenced in the Ordinance. This means that the new reference to Reserve No. 46221 should be used in all future legal documents and proceedings related to fish resources management within the specified area. The Rules also mandate that the updated definition must be adhered to by all parties subject to the Ordinance, ensuring consistency and legal clarity. The Christmas Island Applied Laws Amendment (Fish Resources Management) Rules 2023 do not introduce new offences or penalties. Instead, they are intended to clarify and stabilise the legal framework for fish resources management on Christmas Island. However, non-compliance with the Ordinance, including the updated definition of the airport area, could potentially lead to legal disputes or enforcement actions. The primary consequence of non-compliance would be the invalidation of actions or permits issued under an incorrect legal description of the area. Therefore, while there are no new penalties specified in these Rules, adhering to the amended definition is crucial to avoid legal complications. The Rules also include provisions for commencement, which specifies that the instrument will come into effect the day after it is registered (section 2 of the Rules). Additionally, the authority for making these Rules is derived from section 4 of the Christmas Island Applied Laws Ordinance 1992 (section 3 of the Rules). The Schedule to the Rules details the specific amendments being made to the Ordinance (section 4 of the Rules). Importantly, the Rules do not alter the geographical location of the Christmas Island Airport but merely update the legal reference to ensure it remains accurate and stable over time. The consultation process involved discussions with the Christmas Island Fisheries Advisory Committee to ensure that the principles and final text of the instrument were appropriately considered.