Fisheries Management Amendment Regulations 2003 (No. 1) 2003 No. 9
EXPLANATORY STATEMENT
STATUTORY RULES 2003 No. 9
Issued by the authority of the Minister for Fisheries, Forestry and Conservation
Fisheries Management Act 1991
Fisheries Management Amendment Regulations 2003 (No. 1)
Sections 93 and 95 of the Management Act are offence provisions. Section 93 provides that the holder of a fish receiver permit must keep certain records, and provide certain information regarding the fish received by them. Section 95 of the Management Act sets out requirements for people to comply with the terms of various fishing concessions, permits or licences.
Section 168(2)(i) of the Management Act empowers the Governor-General to make regulations enabling a person who is alleged to have contravened sections 93 or 95 to incur a specified penalty as an alternative to prosecution. Such specified penalties must not exceed the maximum penalty by which a contravention is otherwise punishable. Regulation 46 of the Fisheries Management Regulations 1992 (the Management Regulations) sets the specified penalty at two penalty units.
Part 10 of the Management Regulations sets out the scheme of infringement notices which give regulatory effect to section 168(2)(i) of the Management Act. The definition of a 'relevant offence' for the purposes of the Management Regulations is contained in regulation 3(1). Offences against section 93 of the Management Act are already included in the definition of 'relevant offence' in regulation 3(1).
The purpose of the Regulations is to include offences against section 95 of the Management Act in the definition of 'relevant offence' in regulation 3(1), and to make other minor technical amendments. Amendment of regulation 3(1) gives full effect to section 168(2)(i) of the Management Act.
The Regulations also;
• remove the reference to Part 11 of the Management Regulations from the definition of 'relevant offence'. Part 11 imposes bycatch restrictions as conditions on fishing permits. Any prosecution for a breach of these conditions will now be brought under section 95 of the Management Regulations;
• remove regulation 10B from the Management Regulations. The requirements for people who hold fish receiver permits to provide returns will be included as conditions on the permits themselves; and
• replace 'in' with 'on' in regulation 45(d). This amendment corrects a typographic error.
The regulations are made under the Management Act.
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 2003 (No. 1).
Regulation 2 provides that the regulations commence on gazettal.
Regulation 3 provides that Schedule 1 amends the principal regulations.
Schedule 1 Item 1 substitutes a new definition of 'relevant offence' which includes offences against sections 93 and 95 of the Management Act and Part 9 of the Management Regulations.
Schedule 1 Item 2 deletes regulation 10B.
Schedule 1 Item 3 replaces 'in' with 'on' in regulation 45(d).
Overview
The Fisheries Management Amendment Regulations 2003 (No. 1) were introduced to address gaps in the enforcement mechanisms for specific offences under the Fisheries Management Act 1991. Enacted by the Minister for Fisheries, Forestry and Conservation under the authority granted by the Act, these regulations were designed to align the regulatory framework more closely with the legislative intent, particularly in relation to specified penalties for certain offences and the issuing of infringement notices. The policy objective of these regulations is to streamline enforcement processes and ensure consistency in the application of penalties, thereby improving compliance and enforcement within the fisheries sector.
These amendments were made to the existing Fisheries Management Regulations 1992, updating the definition of 'relevant offence' to include violations under section 95 of the Management Act, and removing outdated or redundant provisions such as regulation 10B. Additionally, minor technical corrections were implemented, such as rectifying a typographical error in regulation 45(d). The changes were aimed at modernising the regulatory approach, ensuring that it effectively supports the overarching objectives of the Fisheries Management Act.
Scope and Application
The Fisheries Management Amendment Regulations 2003 (No. 1) amends the Fisheries Management Regulations 1992 under the Fisheries Management Act 1991. The regulations apply to individuals and entities involved in fisheries activities within Australia, including those who hold fish receiver permits or other fishing concessions, permits, or licences. The amendments primarily concern the definition of 'relevant offence', now including breaches of section 95 of the Management Act, which pertains to compliance with the terms of fishing concessions, permits or licences. The regulations also streamline the regulatory process by removing references to Part 11 of the Management Regulations, which previously imposed bycatch restrictions as conditions on fishing permits, and instead, aligning such breaches with section 95. Additionally, the regulations correct a typographical error in regulation 45(d) and remove the requirement for fish receiver permit holders to provide returns, incorporating those obligations directly into the permits. The changes aim to enhance the efficiency and clarity of the regulatory framework governing fisheries management in Australia.
Key Provisions
The main operative sections of the Fisheries Management Amendment Regulations 2003 (No. 1) are Regulations 1 to 3 and Schedule 1, which detail the citation, commencement, and amendments to the Fisheries Management Regulations 1992. Regulation 1 specifies the name of the regulations, while Regulation 2 confirms the regulations' commencement date, which is upon gazettal. Regulation 3 provides that the regulations amend the principal regulations as detailed in Schedule 1. Schedule 1 Item 1 redefines 'relevant offence' to include offences against sections 93 and 95 of the Fisheries Management Act 1991 and Part 9 of the Management Regulations. Schedule 1 Item 2 removes regulation 10B, which dealt with the reporting requirements for fish receiver permit holders. Schedule 1 Item 3 corrects a typographical error in regulation 45(d) by replacing 'in' with 'on'.
The Regulations impose specific obligations on individuals and entities involved in the fisheries sector. Firstly, holders of fish receiver permits are required to keep detailed records and provide information about the fish received, as stipulated in section 93 of the Management Act. Secondly, individuals with fishing concessions, permits, or licences must comply with the terms and conditions specified in section 95 of the Management Act. These obligations ensure transparency and accountability in the fisheries management process.
The Regulations also introduce penalties and consequences for breaches of the Management Act. Regulation 168(2)(i) empowers the Governor-General to set specified penalties for alleged contraventions of sections 93 and 95, which cannot exceed the maximum penalty otherwise prescribed by law. Regulation 46 of the Management Regulations sets the specified penalty at two penalty units. Furthermore, Part 10 of the Management Regulations outlines the scheme for infringement notices, which provide regulatory effect to section 168(2)(i) of the Management Act. Any person found in breach of the relevant offences may face these penalties, which can include fines and other sanctions.
Additionally, the Regulations clarify that any prosecution for breaches of bycatch restrictions, previously governed by Part 11, will now be brought under section 95 of the Management Regulations. This amendment ensures that enforcement actions align with the specified offences under the Act. The removal of regulation 10B and its integration into permit conditions streamlines the regulatory framework, making it more efficient. The typographic correction in regulation 45(d) ensures the accuracy and clarity of the regulations.