EXPLANATORY STATEMENT
Fish Receiver Permits Declaration 2017
Issued by the Authority of the Australian Fisheries Management Authority
Fisheries Management Act 1991
The Fish Receiver Permits Declaration 2017 (the Declaration) is a legislative instrument for the purposes of the Legislation Act 2003. The Declaration replaces the Fish Receiver Permits Declaration 2007.
Subsection 91 (1) of the Fisheries Management Act 1991 (the FM Act) provides that AFMA may, by notice published in the Gazette, declare a specified fishery to be a fishery to which fish receiver permits apply. This requirement is satisfied by publishing the Declaration as a legislative Instrument (See s56(1) of the Legislation Act 2003).
A fish receiver permit authorises the holder to receive fish from a person engaged in commercial fishing in such fisheries as are specified in a declaration under section 91(1) of the FM Act. Fish receiver permits are granted on application in accordance with section 91 of the FM Act.
Need for the Amendment
The purpose of the Fish Receiver Permits Direction 2017 is to largely continue the management arrangements under the Fish Receiver Permits Declaration 2007 which is due to sunset in October 2017. It is also no longer necessary to specify the South Tasman Rise Fishery in the Declaration so it has been removed.
Fish receiver permits also require the holder to keep records and undertake reporting to AFMA. AMFA assesses that the costs of complying with this requirement will be low.
The Fish Receiver Permits Declaration 2017 commences the day after it is registered on the Federal Register of Legislation.
The declaration will allow fish receiver permits to be granted on application for the following Commonwealth managed fisheries: the Bass Strait Central Zone Scallop Fishery, Coral Sea Fishery, Eastern Tuna and Billfish Fishery, Norfolk Island Offshore Demersal Finfish Fishery, Small Pelagic Fishery, Southern and Eastern Scalefish and Shark Fishery, Southern Bluefin Tuna Fishery, Southern Squid Jig Fishery and Western Tuna and Billfish Fishery.
Consultation
No consultation was undertaken with industry stakeholders as the Declaration involved a minor change that was machinery in nature. The purpose of the Declaration was principally to continue the management arrangements under the Fish Receiver Permits Declaration 2007, which is due to sunset in October 2017. The Declaration specifies the Commonwealth fisheries for which a Fish Receiver Permit is required in order to be the first receiver of fish from a person engaged in commercial fishing in the specified fisheries. Existing Fish Receiver Permits remain in force under the new Declaration.
The Office of Best Practice Regulation (OBPR) was consulted to determine the need for a Regulatory Impact Statement. OBPR assessed the instrument as machinery in nature and as such a Regulation Impact Statement was not required for this legislative instrument (OBPR No: 22071).
Statement of compatibility prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
AFMA assesses under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 that this legislative instrument is compatible with human rights. AFMA’s Statement of Compatibility is attached as a supporting document.
Details of the declaration are set out below:
Paragraph 1
Paragraph 1 provides for the name of the declaration to be the Fish Receiver Permits Declaration 2017.
Paragraph 2
Paragraph 2 provides that the declaration commences the day after it is registered on the Federal Register of Legislation.
Paragraph 3
Paragraph 3 provides that the Declaration is repealed on 1 July 2026 unless earlier revoked.
Paragraph 4
Paragraph 4 provides for the definition of terms particularly the specified fisheries in the declaration.
Paragraph 5
Paragraph 5 lists the Commonwealth fisheries which are the subject of the declaration.
Paragraph 6
Paragraph 6 revokes the Fish Receiver Permits Declaration 2007.