Fisheries Amendment Act 1980
No. 86 of 1980
An Act to amend the Fisheries Act 1952
[Assented to 29 May 1980]
BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
Short title, &c.
1. (1) This Act may be cited as the Fisheries Amendment Act 1980.
(2) The Fisheries Act 1952 is in this Act referred to as the Principal Act.
Commencement
2. (1) Except as provided by sub-section (2), this Act shall come into operation on the day on which it receives the Royal Assent.
(2) Sections 12 and 13 shall come into operation on a date to be fixed by Proclamation.
Interpretation
3. Section 4 of the Principal Act is amended—
(a) by omitting “international nautical miles” from paragraphs (a) and (b) of the definition of “Australian fishing zone” and substituting “nautical miles”;
(b) by omitting the definition of “Australian waters”;
(c) by omitting the definition of “proclaimed waters” and substituting the following definition:
“‘proclaimed waters’ means waters declared by a Proclamation in force under section 7 to be proclaimed waters, and includes, for the purposes referred to in section 12k, waters deemed by that section to be proclaimed waters;”; and
(d) by adding at the end thereof the following sub-sections:
“(2) Where a boat has been lawfully imported into Australia for a limited period and the Minister is satisfied that the extent of participation by citizens or residents of Australia, either directly or through the holding of shares in a company or otherwise indirectly, in the control of the operations of the boat in proclaimed waters during that period, and the nature of those operations, will be such as to justify him in so doing, he may, in his discretion, by instrument published in the Gazette, declare that, during that period, the boat is to be deemed to be an Australian boat for the purposes of this Act and, while such an instrument is in force in respect of a boat, the boat shall be deemed to be an Australian boat for the purposes of this Act.
“(3) The Minister may—
(a) by reason of a change in circumstances, by instrument published in the Gazette, at any time revoke an instrument under sub-section (2); or
(b) by instrument published in the Gazette, extend the period for which an instrument under sub-section (2) is to remain in force.”.
4. After section 4 of the Principal Act the following section is inserted:
Coastal waters
“4a. (1) For the purposes of this Act, the coastal waters of a State or internal Territory are—
(a) the part or parts of the territorial sea of Australia that is or are adjacent to that State or Territory, other than any part referred to in sub-section (2); and
(b) any marine or…
Overview
The Fisheries Amendment Act 1980 was enacted to address the need for updating and refining the regulatory framework of Australia's fisheries management. This Act amends the Fisheries Act 1952, introducing modifications to the definition of fishing zones, the establishment of proclaimed waters, and the delegation of powers. Passed by the Australian Parliament, the Act aims to streamline and clarify the legislative basis for fisheries management, ensuring that federal, state, and territory laws are properly aligned. The legislation also seeks to foster better cooperation between the Commonwealth and the states in managing fisheries, particularly in areas that have significant ecological and economic importance.
Scope and Application
The Fisheries Amendment Act 1980 applies to the Australian fishing zone, including coastal waters adjacent to states or territories, but explicitly excludes activities carried out for private purposes using a foreign boat, as well as activities to which the Act does not apply due to specific arrangements with states. The Act has extra-territorial effect and applies to the management of fisheries in collaboration with state and territory governments. It includes provisions for the establishment of Joint Authorities, which consist of representatives from the Commonwealth and state or territory governments, to manage fisheries in proclaimed waters. The Act allows for the exclusion of certain state or territory laws relating to fishing activities in proclaimed waters and coastal waters, depending on the specific arrangements made between the Commonwealth and the states or territories. The Act's provisions can be extended or restricted through subordinate instruments such as proclamations and arrangements made under the Act.
Key Provisions
- The Fisheries Amendment Act 1980 makes several significant changes to the Fisheries Act 1952. Firstly, it amends the definition of key terms such as "Australian fishing zone," "proclaimed waters," and "coastal waters" (Sections 3 and 4a). It introduces new sections defining "proclaimed waters" and "coastal waters" and modifies the conditions under which a boat may be deemed to be an Australian boat (Section 3). The Act extends its application to all territories and has extra-territorial operation (Section 5). It also clarifies the application of the Act to exclude certain State and Territory laws related to fishing activities in proclaimed waters and coastal waters (Section 6).
- In terms of obligations, the Act imposes various duties on the Minister and Joint Authorities established under the Act. The Minister has the authority to declare certain lawfully imported boats as Australian boats for a limited period if certain conditions are met (Section 3(2)). Joint Authorities are responsible for the management of fisheries in accordance with arrangements made under the Act and must keep the condition of the fishery under consideration, formulate policies and plans for its good management, and exercise their powers to manage the fishery (Sections 12m and 12n). They also have the power to grant, endorse, transfer, suspend, or cancel licenses related to Joint Authority fisheries (Section 12p).
- The Act includes provisions for offences and penalties. Offences against the Act or any regulations made under it are subject to penalties specified in the regulations (Section 13). Additionally, the Act allows for the establishment of Joint Authorities to manage fisheries in cooperation with states and the Northern Territory (Part IVa). These Joint Authorities have specific powers and procedures outlined in the Act, including the ability to delegate certain powers, establish advisory committees, and adopt their own rules of procedure (Sections 12d to 12f).
- In summary, the Fisheries Amendment Act 1980 introduces significant changes to the Fisheries Act 1952, including amendments to definitions, extensions of application, and the establishment of Joint Authorities for the management of fisheries. It imposes various obligations on the Minister and Joint Authorities and includes provisions for offences and penalties for breaches of the Act or regulations made under it.
- Area of Law
- Environmental Law
- Administrative Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Definitions & Interpretation
- Regulatory Standards
- Reporting & Disclosure Obligations
- Enforcement Powers
- Licensing & Registration