Fisheries Management Amendment Regulations 2004 (No. 3) 2004 No. 234
EXPLANATORY STATEMENT
STATUTORY RULES 2004 No. 234
Issued by the authority of the Minister for Fisheries, Forestry and Conservation
Fisheries Management Act 1991
Fisheries Management Amendment Regulations 2004 (No. 3)
Subsection 168(1) of the Fisheries Management Act 1991 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed, in carrying out or giving effect to the Act.
The Department of Agriculture, Fisheries and Forestry has reviewed the Statutory Fishing Rights Allocation Review Panel forms (the SFRARP forms) in the Fisheries Management Regulations 1992 (the Principal Regulations) and instructed AFMA to amend them to ensure they are current and up to date and contain all the necessary information.
The purpose of the Regulations is to amend the Principal Regulations by inserting the proposed SFRARP forms into the Regulations in place of the current SFRARP forms. These forms relate to the review of decisions to grant statutory fishing rights by the Statutory Fishing Rights Allocation Review Panel.
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 2004 (No. 3).
Regulation 2 provides for the Regulations to commence on gazettal.
Regulation 3 provides for Schedule 1 to amend the principal Regulations.
Schedule 1 Item 1 substitutes amended forms for regulations 24, 25, 26 and 27 respectively:
Form 2 Application for review under subsection 143(1) with amended Form 2
Form 3 Notice under subsection 144(1) with amended Form 3
Form 4 Notice under subsection 145(2) with amended Form 4
Form 5 Summons under subsection 146(2) with amended Form 5
Overview
The Fisheries Management Amendment Regulations 2004 (No. 3) were enacted to address the need for updating the Statutory Fishing Rights Allocation Review Panel (SFRARP) forms within the Fisheries Management Regulations 1992. This amendment was introduced to ensure that the forms are current, comprehensive, and contain all necessary information for the review of decisions to grant statutory fishing rights. The Regulations were made under the authority of the Minister for Fisheries, Forestry and Conservation, pursuant to Subsection 168(1) of the Fisheries Management Act 1991. The primary objective of these Regulations is to replace the existing SFRARP forms with updated versions that better serve the requirements of the Act. These Regulations, which came into effect upon gazettal, are designed to streamline the review process and improve the overall management of fisheries in Australia.
Scope and Application
The Fisheries Management Amendment Regulations 2004 (No. 3) apply to the amendment of the Fisheries Management Regulations 1992 under the Fisheries Management Act 1991. These Regulations are concerned specifically with the Statutory Fishing Rights Allocation Review Panel forms, which are used in the review of decisions to grant statutory fishing rights. The Regulations are applicable to all entities and individuals involved in the review process, including applicants, statutory panels, and the Australian Fisheries Management Authority (AFMA). They have a national reach, impacting fisheries management across Australia. The Regulations do not explicitly state any exclusions, exemptions, or thresholds, but they are designed to ensure the review process is current and comprehensive. The application and scope of these Regulations can be further extended or specified through subordinate instruments, which may provide additional rules and guidelines as necessary to implement the amended forms effectively.
Key Provisions
The main operative sections of the Fisheries Management Amendment Regulations 2004 (No. 3) involve the substitution of amended forms for specific regulations in the Fisheries Management Regulations 1992. Regulation 3, supported by Schedule 1, Item 1, details the substitution of amended forms for regulations 24, 25, 26, and 27. These forms include the Application for Review under subsection 143(1) (Form 2), Notice under subsection 144(1) (Form 3), Notice under subsection 145(2) (Form 4), and Summons under subsection 146(2) (Form 5). The purpose is to ensure the review process for decisions to grant statutory fishing rights by the Statutory Fishing Rights Allocation Review Panel is up-to-date and comprehensive.
The Act imposes specific obligations on parties and entities it governs. Firstly, it mandates that the Department of Agriculture, Fisheries and Forestry review the Statutory Fishing Rights Allocation Review Panel forms to ensure they are current, contain necessary information, and align with legislative requirements. Secondly, the Australian Fisheries Management Authority (AFMA) is required to implement the amendments to these forms as instructed by the Department. These obligations are crucial for maintaining the integrity and efficiency of the review process for statutory fishing rights, ensuring all stakeholders are aware of and comply with the updated procedures.
Violations of the provisions set out in the Fisheries Management Amendment Regulations 2004 (No. 3) may lead to various legal consequences. While the explanatory statement does not specify particular offences or penalties within the text, breaches of regulations under the Fisheries Management Act 1991 can generally result in administrative penalties, fines, and potential legal actions. The maximum penalties would depend on the specific nature of the breach and the corresponding provisions of the Fisheries Management Act 1991. Parties found in non-compliance may face civil or criminal charges, highlighting the importance of adhering to the updated forms and procedures.