Cocos (Keeling) Islands Applied Laws Amendment (Fish Resources Management) Rules 2023

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2023L01282 In force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

Issued by the authority of the Minister for Regional Development, Local Government and Territories

Cocos (Keeling) Islands Act 1955

Cocos (Keeling) Islands Applied Laws Ordinance 1992

 

Cocos (Keeling) Islands Applied Laws Amendment (Fish Resources Management) Rules 2023

Authority

Section 4 of the Cocos (Keeling) Islands Applied Laws Ordinance 1992 (the Ordinance) authorises the Minister to make rules to amend Part 15A of Schedule 1 of the Ordinance, which deals with fish resources management.

Purpose and Operation

The Cocos (Keeling) Islands Applied Laws Amendment (Fish Resources Management) Rules 2023 amend the Ordinance by making minor and technical amendments to the definition of the area of Cocos (Keeling) Islands Airport and the coordinates bounding the area of the Humphead Maori Wrasse closure area.

Under the Cocos (Keeling) Islands Act 1955, Western Australian laws apply to the Cocos (Keeling) Islands, including laws regarding land registration. The definition of the area of Cocos (Keeling) Islands Airport requires amendment because its Deposited Plan has changed. This instrument amends the definition so that it refers to the land by a Reserve Number. This is less likely to require future amendments because Reserve Numbers rarely change.

The Cocos (Keeling) Islands Airport Reserve Number 47727 can be viewed on the Western Australian Government administered websites Landgate and Tengraph.

The amendment of the Humphead Maori Wrasse closure area aligns the closure area with the spawning area of the Humphead Maori Wrasse. The coordinates in this instrument are those which were originally intended to be included in the Ordinance. The change of the closure more fully achieves the increased protection of this iconic Cocos (Keeling) Islands species in line with community expectations.

Impact and Effect

This rule will have no more than a minor regulatory impact on the regulated community due to the reduction in the size of the Humphead Maori Wrasse closure area.

Consultation

In accordance with section 4(3) of the Ordinance, the Department of Infrastructure, Transport, Regional Development, Communications and the Arts, on behalf of the Minister, consulted with the Cocos (Keeling) Islands Fisheries Advisory Committee, at the 15 February 2023 meeting regarding the principle of the amendments, and at the subsequent meeting on 5 July 2023 regarding the final text of the instrument.

Detailed Description of the Cocos (Keeling) Islands Applied Laws Amendment (Fish Resources Management) Rules 2023

Section 1 – Name

This section provides that the name of this instrument is the Cocos (Keeling) Islands Applied Laws Amendment (Fish Resources Management) Rules 2023.

Section 2 – Commencement

This section provides that this instrument is to commence the day after it is registered.

Section 3 – Authority

This section provides that this instrument is made under section 4 of the Cocos (Keeling) Islands Applied Laws Ordinance 1992.

Section 4 – Schedules

This section indicates that instruments specified in a Schedule to this instrument are amended or repealed as set out in the applicable items in the Schedule concerned.

Schedule 1 – Amendments

Cocos (Keeling) Islands Applied Laws Ordinance 1992

Item 1

Item 1 replaces, in the definition of ‘area of Cocos (Keeling) Islands Airport’ in item 16 of Part 15A of Schedule 1 (subregulation 64AB(4)), the phrase ‘lots 341 and 348 on Deposited Plan 42274’ with ‘the land within Reserve No. 47727’.

Item 2

Item 2 corrects the area closed to fishing for Humphead Maori Wrasse by repealing Item 38 of Part 15A of Schedule 1 (clause 1 of Schedule 2A) and replacing it so that the area is bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.

Area closed to fishing for Humphead Maori Wrasse (Ikan Hijau)

Item

Description

1

The point 12° 6’ 50.2” S, 96° 49’ 35.5”

2

Easterly along the geodesic to the point 12° 6’ 29.0” S, 96° 49’ 3.7” E

3

Southerly along the geodesic to the point 12° 7’ 10.0” S, 96° 48’ 36.4” E

4

Westerly along the geodesic to the point 12° 7’ 30.8” S, 96° 49’ 8.3” E

5

Northerly along the geodesic to the starting point

 

 

Statement of Compatibility with Human Rights

Prepared in Accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the

Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the instrument

The definition of the area of the Cocos (Keeling) Islands Airport is being changed for the purposes of item 16 of Part 15A of Schedule 1 of the Cocos (Keeling) Islands Applied Laws Ordinance 1992. This minor and technical change to the Ordinance ensures that the area reference is correct and in a form unlikely to require future amendment.

The instrument also corrects the coordinates for the Humphead Maori Wrasse closure area that were initially introduced into the Ordinance with errors.

Human Rights Implications

This Rule does not engage nor impact on any human rights.

Conclusion

The Determination is compatible with human rights because it has no impact on human rights.

 

 

 

Overview

The Cocos (Keeling) Islands Applied Laws Amendment (Fish Resources Management) Rules 2023, enacted under the authority of the Minister for Regional Development, Local Government and Territories, aim to make minor and technical amendments to the Cocos (Keeling) Islands Applied Laws Ordinance 1992. This legislation was introduced to address specific issues in the administration of fish resources management on the Cocos (Keeling) Islands, particularly by correcting the definition of the area of Cocos (Keeling) Islands Airport and the coordinates for the Humphead Maori Wrasse closure area. The purpose of these amendments is to ensure that the legal framework remains accurate and efficient, thereby facilitating better compliance and management of fish resources in the region. The rules were developed following consultations with relevant stakeholders, including the Cocos (Keeling) Islands Fisheries Advisory Committee, ensuring that the changes align with community expectations and regulatory needs.

Scope and Application

The Cocos (Keeling) Islands Applied Laws Amendment (Fish Resources Management) Rules 2023 amends the Cocos (Keeling) Islands Applied Laws Ordinance 1992 to make minor and technical adjustments to fish resources management regulations on the Cocos (Keeling) Islands. Specifically, the amendments update the definition of the area of Cocos (Keeling) Islands Airport to reflect changes in the Deposited Plan, now referencing the land by a Reserve Number to avoid future amendments. Additionally, the amendment corrects the coordinates bounding the Humphead Maori Wrasse closure area, aligning it with the species' spawning area to better protect this iconic species in line with community expectations. The amendments apply solely to the Cocos (Keeling) Islands, and there are no exclusions or exemptions outlined in the legislation. The rules are made under the authority of the Minister for Regional Development, Local Government and Territories as provided in section 4 of the Cocos (Keeling) Islands Applied Laws Ordinance 1992, and they will come into effect the day after registration.

Key Provisions

The Cocos (Keeling) Islands Applied Laws Amendment (Fish Resources Management) Rules 2023, made under section 4 of the Cocos (Keeling) Islands Applied Laws Ordinance 1992, introduces amendments to fish resources management in the Cocos (Keeling) Islands. These amendments focus on minor and technical changes to the definition of the area of the Cocos (Keeling) Islands Airport and the coordinates of the Humphead Maori Wrasse closure area. Specifically, section 1 of the Rules changes the definition of the area of the Cocos (Keeling) Islands Airport by replacing the reference to specific lots on a deposited plan with the land within Reserve Number 47727, reducing the need for future amendments. Section 2 corrects the coordinates of the Humphead Maori Wrasse closure area to align more accurately with the spawning area of the species, enhancing the protection of this species in line with community expectations. These amendments impose certain obligations and requirements on the parties involved, primarily to ensure compliance with the updated definitions and coordinates. The amendments necessitate that all relevant parties, including fishers, local authorities, and regulatory bodies, adhere to the new definitions and boundaries as outlined in the Rules. This includes ensuring that fishing activities within the revised Humphead Maori Wrasse closure area are conducted in accordance with the specified coordinates, and that the Cocos (Keeling) Islands Airport area is correctly identified and managed. The Rules also outline potential consequences for non-compliance. While the explanatory statement does not explicitly detail specific offences or penalties, it is reasonable to infer that breaches of these fish resources management provisions could result in enforcement actions under the broader legal framework governing the Cocos (Keeling) Islands. Such actions might include fines, penalties, or other legal repercussions, depending on the severity and nature of the breach. Given the minor and technical nature of the amendments, the penalties are likely to be commensurate with the impact of the non-compliance, but could potentially include significant fines if the breaches are deemed serious under the existing legal provisions.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.