Fisheries Management Amendment (Fees) Regulation 2015

Administered by Department of Agriculture

Legislation au F2015L01856 Regulations Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Select Legislative Instrument No. 203, 2015

Issued by the Authority of the Parliamentary Secretary to the Minister for Agriculture and Water Resources

Fisheries Management Act 1991

Fisheries Management Regulations 1992

Fisheries Management Amendment (Fees) Regulation 2015

 

The Fisheries Management Act 1991 (the Act) provides the legislative framework governing the management of Commonwealth fisheries.

Section 168 of the Act provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters required or permitted by the Act or necessary or convenient to be prescribed giving effect to the Act. The Fisheries Management Regulations 1992 (the Regulations) prescribe, amongst other things, fees for the furnishing of a logbook.   

The purpose of Fisheries Management Amendment (Fees) Regulation 2015 (the Amendment Regulation) is to increase the prescribed fees for the furnishing of a logbook when electronic communication is not used. 

 

Fees are charged per fishing day for the processing of paper logbooks.  Fees are not charged for the processing of electronic logbooks as there is little cost associated with processing these records. 

 

Increasing the use of fee for service arrangements increases the incentive to use more cost efficient electronic services. This reduces the overall costs to the fishing industry. 

Consultation

 

The peak fishing body, the Commonwealth Fisheries Association, supports the increase in fees for the processing of paper based logbooks as it furthers the principal of ‘user pays’, and provides the incentive to use electronic logbooks.

 

The Office of Best Practice Regulation was consulted on the proposed amendment and advised that a full Regulatory Impact Statement was not required (OBPR ID: 19538).

The Amendment Regulation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.

The Amendment Regulation is compatible with the human rights and freedoms recognised or declared under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. A full statement of compatibility is set out in Attachment A.

 

Details of the Fisheries Management Amendment (Fees) Regulation 2015

Section 1 – Name of Regulation

This section provides for the Amendment Regulation to be cited as the Fisheries Management Amendment (Fees) Regulation 2015.

Section 2 – Commencement

This section provides for the Amendment Regulation to commence on the day after it is registered.

Section 3 - Authority

This section provides that the authority for making the Amendment Regulation is the Fisheries Management Act 1991.

Section 4 - Schedules

This section provides that Schedule 1 amends the Fisheries Management Regulations 1992.

Schedule 1 – Amendments

Item 1 amends Part 2 of Schedule 2 (table items 23 to 40) by repealing the prescribed fees and substituting the new fees. 

Item 2 inserts Part 13A to provide for application and transitional provisions.  Regulation 79 is inserted to provide that the increased fees apply in respect of an activity on or after 1 January 2016 that is covered by a logbook furnished on or after that day.  Regulation 80 is inserted to provide for the part to be repealed on 30 June 2016, once redundant.   


ATTACHMENT A

 

Statement of Compatibility with Human Rights

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

Fisheries Management Amendment (Fees) Regulation 2015

 

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 Legislative Instrument

The instrument amends the Fisheries Management Regulations 1992 to allow for an increase in fees prescribed for the furnishing of logbooks when electronic communication is not used. 

 

Human rights implications

This Legislative Instrument does not engage any of the applicable rights or freedoms.

 

Conclusion

This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

 

 

Senator the Hon. Anne Ruston

Parliamentary Secretary to the Minister for Agriculture and Water Resources

 

 

 

 

 

Overview

The Fisheries Management Amendment (Fees) Regulation 2015 was enacted to address the need for updated fee structures within the framework of the Fisheries Management Act 1991. This legislative instrument was issued under the authority of the Parliamentary Secretary to the Minister for Agriculture and Water Resources and is designed to enhance the efficiency of fisheries management by encouraging the use of electronic logbooks over paper-based ones. The primary policy objective is to align fees with the operational costs and to promote the adoption of electronic services, which are more cost-effective for both the government and the fishing industry. The regulation increases fees for the processing of paper logbooks to reflect the higher costs associated with manual processing, while maintaining no charges for electronic logbooks due to their minimal processing costs. This change is expected to encourage more widespread use of electronic systems, thereby reducing overall costs for the fishing industry.

Scope and Application

The Fisheries Management Amendment (Fees) Regulation 2015 applies to the management of Commonwealth fisheries as governed by the Fisheries Management Act 1991. It specifically targets the fees associated with the furnishing of paper logbooks for fishing activities, while not imposing fees on electronic logbooks due to the lower processing costs. The Regulation is applicable to entities and individuals involved in fishing operations within Commonwealth waters, including commercial fishing businesses and recreational fishers who submit paper logbooks. The geographic reach of this regulation is confined to the Commonwealth waters of Australia. The Regulation extends its application through the Fisheries Management Regulations 1992, which were made under the authority of the Fisheries Management Act 1991. The Amendment Regulation introduces higher fees for paper logbook submissions effective from 1 January 2016, with the transitional provisions set to be repealed by 30 June 2016 once the new fee structure is fully implemented and the old fees are no longer relevant.

Key Provisions

The Fisheries Management Amendment (Fees) Regulation 2015 (the Amendment Regulation) introduces changes to the fees prescribed for the furnishing of logbooks under the Fisheries Management Regulations 1992 (the Regulations). Specifically, it increases the fees for paper logbooks while maintaining no fees for electronic logbooks. This change is designed to encourage the use of electronic services, which are more cost-efficient for processing, thereby reducing overall costs to the fishing industry. Section 1 of the Amendment Regulation states its name and citation, while Section 2 sets the commencement date as the day after registration. The authority for this regulation is derived from the Fisheries Management Act 1991 as outlined in Section 3. Section 4 specifies that Schedule 1 will amend the Fisheries Management Regulations 1992. Under the obligations imposed by the Amendment Regulation, fishing entities must now comply with the increased fees for paper logbooks as detailed in the amended Schedule 2, Part 2 (table items 23 to 40). This requirement applies to activities and logbooks furnished on or after 1 January 2016. Transitional provisions are also included, where Regulation 79 ensures the fees apply from the specified date, and Regulation 80 allows for the repeal of these transitional provisions on 30 June 2016 once they become redundant. In terms of consequences for non-compliance, the Amendment Regulation does not explicitly state penalties for breach. However, non-compliance with regulations governing fees and logbook submissions could lead to administrative actions under the Fisheries Management Act 1991, including fines or other sanctions as determined by the relevant authorities. The increased fees aim to provide a financial incentive for adopting electronic logbooks, which aligns with the principle of cost recovery and efficiency in regulatory practices.

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Area of Law
Environmental Law
Instrument
Regulation
Concepts
Commencement Provisions
Fees and Charges
Fees
Regulatory Standards

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