Fisheries Management Act 1991 - Fish Receiver Permits Declaration 2006

Overview

The Fish Receiver Permits Declaration 2006 was enacted under the authority of the Australian Fisheries Management Authority (AFMA) and serves as a legislative instrument in accordance with the Legislative Instruments Act 2003. This declaration was introduced to address the need for regulation and management of fish receiver permits within specified fisheries under the Fisheries Management Act 1991. The purpose of the declaration is to enable AFMA to grant fish receiver permits for the receipt of fish from persons engaged in commercial fishing within the specified fisheries, thereby formalising and regulating this aspect of commercial fishing activities. The declaration lists nine Commonwealth managed fisheries, including the Bass Strait Central Zone Scallop Fishery, Coral Sea Fishery, and others, for which fish receiver permits can be issued. This legislative measure ensures that the issuance of fish receiver permits is done in a structured and authorised manner, facilitating compliance and oversight within the fisheries sector.

Scope and Application

The Fish Receiver Permits Declaration 2006 applies to the specified fisheries under the Commonwealth's jurisdiction, which include the Bass Strait Central Zone Scallop Fishery, Coral Sea Fishery, Eastern Tuna and Billfish Fishery, Norfolk Island Offshore Demersal Finfish Fishery, Southern and Eastern Scalefish and Shark Fishery, Southern Bluefin Tuna Fishery, Southern Squid Jig Fishery, South Tasman Rise Fishery, and Western Tuna and Billfish Fishery. This legislative instrument is designed to facilitate the granting of fish receiver permits to permit holders who wish to receive fish from persons engaged in commercial fishing within these fisheries. The Act's scope is limited to the fisheries explicitly named in the declaration, and it does not extend to other fisheries unless otherwise specified by future declarations. The Fish Receiver Permits Declaration 2006 operates under the framework of the Fisheries Management Act 1991, which provides the legal basis for the management and regulation of fisheries in Commonwealth waters. The declaration does not require consultation or a Regulation Impact Statement as it is considered minor and machinery in nature, aiming to streamline the permit process without substantially altering existing arrangements.

Key Provisions

The Fish Receiver Permits Declaration 2006 (Paragraph 1) establishes the name of the declaration and is effective from the day after it is registered on the Federal Register of Legislative Instruments (Paragraph 2). It provides definitions for key terms used within the declaration (Paragraph 3) and specifies the Commonwealth fisheries to which the declaration applies (Paragraph 4). Additionally, Paragraph 5 revokes all previous declarations made under section 91(1) of the Fisheries Management Act 1991 (FM Act), ensuring that the 2006 Declaration is the current legal framework for issuing fish receiver permits in specified fisheries. The declaration allows for the granting of fish receiver permits to authorised individuals or entities who wish to receive fish from commercial fishers in the listed fisheries. The obligations and requirements imposed by the Fish Receiver Permits Declaration 2006 on parties or entities it governs include the necessity for applicants to apply for a fish receiver permit to legally receive fish from commercial fishers in the specified fisheries (section 91 of the FM Act). The declaration outlines the fisheries where these permits are applicable, thereby ensuring compliance with the provisions set forth in the FM Act. It also formalises the process by which permits are granted, requiring applicants to meet certain criteria and adhere to the conditions stipulated within their permits. Compliance with these requirements is necessary for any entity or individual wishing to engage in the commercial receiving of fish from the specified fisheries. The Fish Receiver Permits Declaration 2006 does not explicitly detail offences, penalties, or civil/criminal consequences for breach within its text. However, any breaches of the terms and conditions set forth in the FM Act or the permits issued under this declaration would likely be subject to the penalties and consequences outlined in the Fisheries Management Act 1991. The FM Act provides for various offences, including unauthorised fishing, failure to comply with permit conditions, and other regulatory breaches. Penalties for these offences can include fines, imprisonment, or both, depending on the severity and nature of the breach. The exact penalties are determined by the courts and are guided by the provisions of the FM Act.