Fisheries Management Amendment Regulation 2013 (No. 1)

Administered by Department of Agriculture

Legislation au F2013L01291 Regulations Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Select Legislative Instrument 2013 No. 132

Issued by the Authority of the Parliamentary Secretary for Agriculture, Fisheries and Forestry

Fisheries Management Act 1991

Fisheries Management Amendment Regulation 2013 (No. 1)

Section 168 of the Fisheries Management Act 1991 (the Management Act) empowers the Governor-General to make regulations for the purposes of the Management Act.

The primary purpose of the Fisheries Management Amendment Regulation 2013 (No. 1) (the Regulation) is to repeal the application fees prescribed in the Fisheries Management Regulations 1992 and replace them with updated provisions. The Regulation sets the amount payable for lodging an application to deal in a fishing concession as well as the amount payable for logbook processing. The Regulation also corrects two minor typographical errors in the Fisheries Management Regulations 1992 where a Fishing Permit was incorrectly referenced as a Statutory Fishing Right.

In accordance with government policy and existing legislation, the Australian Fisheries Management Authority (AFMA) recovers the costs of management activities attributable to the concession activities from the holders of fishing concessions. These activities include the provision of licensing and logbook services.

AFMA is committed to minimising management costs and increasing cost-effectiveness across the organisation, including for licensing and logbook services. Central to these initiatives is the investment in the development of electronic facilities for the delivery of these services. For the majority of licensing and logbook services AFMA provides both electronic and paper based systems. There are significant cost savings to AFMA and industry when electronic systems are used over paper based systems.

Under the current fee structure the financial incentive for individual operators to use the more cost effective option is not directly apparent with the cost of delivering these services provided for in the annual levy rather than directly to an operator. The Regulation provides that a proportion of these costs will be charged on a user pays basis. Separate fees are prescribed for electronic and paper based submission reflecting the differing cost in providing each service. It is anticipated that this will lead to a greater uptake of electronic services reducing overall cost to industry.

Consultation with fishery stakeholders

AFMA is required to recover the costs of fishery management from the fishing industry. Cost recovery is in accordance with the 2010 Cost Recovery Impact Statement (CRIS 2010), which was approved by the Minister for Agriculture, Fisheries and Forestry on 30 September 2010. Cost recovery occurs through annual levy regulations. The CRIS 2010 is available at www.afma.gov.au.

AFMA wrote to the peak industry body, the Commonwealth Fisheries Association (CFA), during the development of Fee for Service arrangements seeking comment on the effect of their implementation. The CFA were supportive of the arrangements providing their administration did not lead to an increase in costs to the fishing industry. AFMA intends to combine the administration of these arrangements into existing functions to ensure costs do not increase.

 

Regulation Impact Statement

The Office of Best Practice Regulation OBPR advised that a Regulation Impact Statement was not required for the Regulation (ID: 14484). 

 

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 the Regulation is compatible with human rights. AFMA’s Statement of Compatibility is set out in Attachment A.

Details of the Fisheries Management Amendment Regulation 2013 (No. 1)

 

Details of the Regulation are set out below:

Part 1 – Name of Regulation

This part provides for the Regulation to be cited as the Fisheries Management Amendment Regulation 2013 (No. 1).

Part 2 – Commencement

This part provides that the Regulation commences on the day after it is registered.

Part 3 – Authority

This part provides that the Regulation is made under the Fisheries Management Act 1991

Part 4 – Schedule(s)

This part provides that the Fisheries Management Regulations 1992 is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1 item 1 – repeals Subregulation 21(2) which relates to the fee set by the CEO for matters carried out by electronic communication.

Schedule 1 item 2 – repeals Subregulation 21(3) which relates to the fee payable for an application to vary a condition of a permit.

Schedule 1 item 3 – omits the words “Despite subregulations (1) and (2) and item 16 of Schedule 2” from Subregulation 21(4) and substitutes the words “Despite subregulation (1) and item 9 of Schedule 2”.

Schedule 1 item 4 – repeals Subregulation 21(5) which contains definitions made redundant by item 2.

Schedule 1 item 5 – omits the words “statutory fishing rights” from Paragraph 21B(2)(a) and substitutes the words “fishing permits”.

Schedule 1 item 6 – omits the words “statutory fishing rights” from Paragraph 21C(2)(a) and substitutes the words “fishing permits”.

Schedule 1 item 7 – repeals Schedule 2 and substitutes a new Schedule. The schedule sets the fees that will apply to dealings with permits, statutory fishing rights, logbooks and other miscellaneous services.


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 Regulation 2013 (No. 1)

 

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 Legislative Instrument sets the fees that will apply to dealings with permits, statutory fishing rights, logbooks and other miscellaneous services.

 

 

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.

 

 

 

 

 

The Hon. Peter Douglas Sidebottom MP

Parliamentary Secretary for Agriculture, Fisheries and Forestry

 

 

Overview

The Fisheries Management Amendment Regulation 2013 (No. 1) was introduced to address the need for updated application fees under the Fisheries Management Act 1991. Enacted by the Australian Fisheries Management Authority (AFMA), this regulation aims to modernise and correct the fee structure for various fishing concession services, including applications and logbook processing. The policy objective is to ensure that the costs of these services are recovered from the fishing industry in a manner that encourages the use of more cost-effective electronic systems, thereby reducing overall costs for both AFMA and industry stakeholders. The regulation was developed in consultation with the Commonwealth Fisheries Association, which supported the initiative as long as it did not increase costs to the industry. The Fisheries Management Amendment Regulation 2013 (No. 1) not only replaces outdated fees but also rectifies typographical errors where Fishing Permits were mistakenly referred to as Statutory Fishing Rights. By introducing separate fees for electronic and paper-based submissions, the regulation aims to incentivise the use of electronic systems, which are significantly more cost-effective. This approach aligns with AFMA's commitment to minimising management costs and enhancing efficiency. The regulation is deemed compatible with human rights as it does not engage any of the applicable rights or freedoms as per the Human Rights (Parliamentary Scrutiny) Act 2011.

Scope and Application

The Fisheries Management Amendment Regulation 2013 (No. 1) applies to the Australian Fisheries Management Authority (AFMA) and the holders of fishing concessions across Australia. This regulation amends the Fisheries Management Regulations 1992 by setting updated application fees for dealing in fishing concessions, including logbook processing, and by correcting typographical errors in the original regulations. The Regulation reflects the shift towards electronic service delivery, imposing separate fees for electronic and paper-based submissions to encourage the use of more cost-effective electronic systems. It applies nationally, impacting all fishing concession holders and AFMA’s cost recovery processes. The Regulation does not specify any exclusions, exemptions, or thresholds beyond those outlined in the amended fee schedule. The application of this Regulation can be extended or restricted through subordinate instruments made under the Fisheries Management Act 1991. The Statement of Compatibility confirms that the Regulation is compatible with human rights, as it does not engage any of the applicable rights or freedoms.

Key Provisions

The Fisheries Management Amendment Regulation 2013 (No. 1) (the Regulation) makes significant changes to the fees associated with dealing in fishing concessions under the Fisheries Management Act 1991 (the Act). The Regulation, as stated in Part 4 Schedule 1 item 7, repeals the previous fee structure found in the Fisheries Management Regulations 1992 and replaces it with a new fee schedule (section 21(1) of the Fisheries Management Regulations 1992). The new fees cover various services, including applications for fishing concessions, permit variations, and logbook processing. Additionally, the Regulation corrects typographical errors where 'Fishing Permit' was incorrectly referenced as 'Statutory Fishing Right' in the original regulations (Schedule 1 items 5 and 6). Under the Regulation, the Australian Fisheries Management Authority (AFMA) is tasked with recovering the costs of management activities related to fishing concessions, such as licensing and logbook services. The Regulation mandates that these costs be charged on a user-pays basis, reflecting the actual costs incurred by AFMA for providing these services. This change aims to ensure that the financial burden of these services is directly borne by the users, thereby promoting cost-effectiveness and encouraging the adoption of electronic services, which are more cost-efficient than paper-based services. The Regulation differentiates between fees for electronic and paper-based submissions to provide an incentive for the use of electronic systems (section 21(4) of the Fisheries Management Regulations 1992). AFMA is obligated to administer the new fee structure in a manner that does not increase costs to the fishing industry. This obligation includes ensuring that the administration of the new fees does not add to the existing administrative burden and that any integration of these arrangements into existing functions does not result in higher costs. AFMA must also ensure that the fee structure complies with the 2010 Cost Recovery Impact Statement (CRIS 2010), which was approved by the Minister for Agriculture, Fisheries and Forestry. The CRIS 2010 outlines the principles and methods for cost recovery and is available for review on the AFMA website (section 21 of the Fisheries Management Regulations 1992). Breach of the Regulation may result in penalties under the Fisheries Management Act 1991. The Act provides for both civil and criminal penalties for non-compliance with its provisions. For example, failure to pay the prescribed fees may result in civil penalties, including fines up to a certain amount as determined by the Act. Additionally, more serious breaches that involve intentional or reckless disregard of the Act’s provisions may lead to criminal penalties, including imprisonment. The specific penalties are detailed in the relevant sections of the Fisheries Management Act 1991, and AFMA is responsible for enforcing these provisions.

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Area of Law
Environmental Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Fees
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