Fisheries Management Amendment Regulations 2002 (No. 2) 2002 No. 27
EXPLANATORY STATEMENT
STATUTORY RULES 2002 No. 27
Issued by the authority of the Minister for Forestry and Conservation
Fisheries Management Act 1991
Fisheries Management Amendment Regulations 2002 (No. 2)
Subsection 168(1) of the Fisheries Management Act 1991 (the Act) empowers the Governor-General to make regulations. Paragraph 168(2)(e)(ii) provides that regulations may be made to effect the imposition and recovery of fees in respect of the making of applications under the Act. Paragraph 168(2)(e)(iiia) provides that regulations may be made to effect the imposition and recovery of fees in respect of the giving of a notice to the Australian Fisheries Management Authority (AFMA.) nominating an Australian boat under paragraph 32(1A)(b) or subsection 32(1B).
Regulation 21 of the Fisheries Management Regulations 1992 (the principal Regulations) provides that prescribed fees are payable in respect of the matters set out in Schedule 2 to the Regulations. These matters include the making of an application for a fishing permit for an informally managed fishery, and the nomination of an Australian boat on a fishing permit.
The Fisheries Management Amendment Regulations (the Regulations) have two purposes. The first is to create a new fee for the making of an application for the grant of a fishing permit for an informally managed fishery that is outside the Australian fishing zone (AFZ). This fee of $400 has been calculated on the basis of the administrative costs that will be incurred in processing applications.
The second purpose of the Regulations is to amend items 14 and 15 of Schedule 2 of the principal Regulations to provide that only one $300 fee is payable when two or more boat nominations are changed when those permits are part of the same permit package.
Details of the Regulations, which commenced on gazettal, are set out below:
Regulation 1 provides for the Regulations to be cited as the Fisheries Management Amendment Regulations 2002 (No. 2).
Regulation 2 provides that the Regulations commence on gazettal.
Regulation 3 provides that Schedule 1 amends the principal Regulations.
Schedule 1 Item 1 inserts a definition of "permit package" in Schedule 2.
Schedule 1 Item 2 inserts a new item 8A in Schedule 2 to impose a $400 application fee for the grant of fishing permit for an informally managed fishery that is outside the Australian fishing zone.
Schedule 1 Item 3 substitutes new items 14 and 15 in the Schedule to provide that only one $300 fee is payable when two or more boat nominations are changed when those permits are part of the same permit package.
Overview
The Fisheries Management Amendment Regulations 2002 (No. 2) were enacted to address specific gaps in the regulatory framework under the Fisheries Management Act 1991, particularly regarding fee structures for applications and notifications related to fishing permits and boat nominations. Authorised by the Minister for Forestry and Conservation and issued under the authority of the Governor-General, these regulations aim to streamline fee imposition and recovery processes. The primary policy objective is to ensure that fees reflect the administrative costs associated with processing applications and nominations, thereby supporting the efficient management of fisheries resources. The regulations introduce a new fee for applications related to fishing permits for informally managed fisheries outside the Australian fishing zone, and modify existing fees for multiple boat nominations under a single permit package.
Scope and Application
The Fisheries Management Amendment Regulations 2002 (No. 2) apply to entities and individuals involved in the fisheries sector, specifically those who need to apply for a fishing permit for an informally managed fishery and those who need to nominate an Australian boat on a fishing permit. These regulations amend the existing Fisheries Management Regulations 1992 to introduce new fees and modify existing fee structures. The regulations are in effect across the Commonwealth of Australia and are a direct extension of the Fisheries Management Act 1991. This Act applies to fisheries within Australia’s jurisdiction, encompassing all fisheries activities conducted by Australian entities and vessels, as well as foreign vessels operating within Australian waters. Notably, the Regulations introduce a new $400 application fee for fishing permits for informally managed fisheries outside the Australian fishing zone, reflecting the administrative costs associated with processing such applications. Furthermore, the Regulations modify the fee structure for changes in boat nominations, stipulating that a single $300 fee applies when multiple boat nominations are altered for permits that are part of the same permit package. These amendments streamline the fee structure and aim to reflect the actual administrative burden more accurately.
Key Provisions
The Fisheries Management Amendment Regulations 2002 (No. 2) introduce significant changes to the fees associated with applying for fishing permits and nominating Australian boats under the Fisheries Management Act 1991. Regulation 2 establishes the commencement date of the Regulations as the date of their gazettal. The Regulations amend the principal Fisheries Management Regulations 1992 by inserting a new definition of "permit package" in Schedule 2 (Schedule 1, Item 1). This definition is crucial for understanding the new fee structure introduced by the Regulations.
The Regulations impose several obligations on the parties governed by them. Firstly, applicants for a fishing permit for an informally managed fishery outside the Australian fishing zone must now pay a fee of $400 (Schedule 1, Item 2). This fee is intended to cover the administrative costs associated with processing such applications. Secondly, when changing nominations for two or more boats that are part of the same permit package, only one fee of $300 is payable, regardless of the number of changes made (Schedule 1, Item 3). These obligations aim to streamline the process and reduce the administrative burden on both applicants and the Australian Fisheries Management Authority (AFMA).
Failure to comply with the fees specified in the Regulations can lead to various consequences. While the explanatory statement does not explicitly outline criminal or civil penalties for non-compliance, it is reasonable to infer that the Act and the Regulations may provide for such consequences. Typically, under Australian administrative law, failure to pay fees as required by regulations can result in administrative penalties, which may include fines or other sanctions. The exact penalties would be detailed in the relevant sections of the Fisheries Management Act 1991 or other related legislation. However, the precise nature and extent of these penalties are not specified within the explanatory statement provided.