EXPLANATORY STATEMENT
Select Legislative Instrument 2005 No. 153
Issued by the authority of the Minister of Fisheries Forestry and Conservation
Fisheries Management Act 1991
Fisheries Management Regulations 1992
The Regulation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
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.
When the Fisheries Management Regulations 1992 (the Principal Regulations) were first made, there was a single register under the Act, the Register of Statutory Fishing Rights. In 2004 two additional registers, the High Seas Register and the Fishing Permits Register, were created. The two new Registers are not referred to in Schedule 2 to the Principal Regulations, which deals with fees.
The Fisheries Management Amendment Regulations 2005 (No. 2) (the Regulations) set the fees for the inspection of the High Seas Register and the Fishing Permits Register at fifty dollars. This reflects the cost to the Australian Fisheries Management Authority of processing these applications. This fee is the same as the fee to inspect the Register of Statutory Fishing Rights. This information will also be available free of charge via the internet from July 2005.
The Australian Fisheries Management Authority is required to maintain a register of vessels authorised to fish on the high seas under section 57A of the Act. This register must contain specific information about Australian-flagged boats that are authorised from time to time to engage in fishing activities on the high seas. Under section 57D of the Act the register must be available for inspection by the public during normal business hours. The payment of a fee to inspect the register is authorised under subsection 57D (1) of the Act which enables a fee to be prescribed in the Principal Regulations. The Regulations introduced a $50.00 fee for inspection of the High Seas Register.
The Australian Fisheries Management Authority is required to maintain a register of fishing permits granted under section 32 of the Act. This register must contain specific information about those fishing permits. Under section 57J of the Act the register must be available for inspection by the public during normal business hours. The payment of a fee to inspect the register is authorised under subsection 57J (1) of the Act which enables a fee to be prescribed in the Principal Regulations. The Regulations introduced a $50.00 fee for inspection of the Fishing Permit Register.
The Office of Regulation Review has advised that a Regulatory Impact Statement is not required on the basis that the levy is of a minor or machinery nature and does not substantially alter existing arrangements (ID7115).
The Act does not specify any conditions as needing to be met before the power to make the Regulations may be exercised.
Details of the Regulations, which commenced on the day after they were registered on the Federal Register of Legislative Instruments, are set out below.
Regulation 1 provides for the Regulations to be cited as the Fisheries Management Amendment Regulations 2005 (No. 2)
Regulation 2 provides that the Regulations commence on the day after they are registered.
Regulation 3 provides that Schedule 1 amends the Principal Regulations.
Schedule 1 Item 1 replace Schedule 2, table, Part 3, item 12 with items that recognise all three Registers and impose the fee for inspection at fifty Australian dollars.
Overview
The Fisheries Management Amendment Regulations 2005 (No. 2) were enacted to address a gap in the Fisheries Management Regulations 1992 concerning the fees for inspecting two new registers created in 2004: the High Seas Register and the Fishing Permits Register. This amendment was necessary to reflect the costs incurred by the Australian Fisheries Management Authority in processing applications for these new registers, aligning them with the fee structure for inspecting the Register of Statutory Fishing Rights. The Fisheries Management Act 1991 authorised the establishment of these new registers and mandated that they be made available for public inspection, with the option to charge a fee for such inspections. The Regulations set a $50 inspection fee for both the High Seas Register and the Fishing Permits Register, maintaining consistency with the existing fee for the Register of Statutory Fishing Rights. This legislative update ensures that the fees charged for inspecting these registers accurately reflect the operational costs and are consistent with the regulatory framework established under the Fisheries Management Act 1991.
Scope and Application
The Fisheries Management Regulations 1992, as amended by the Fisheries Management Amendment Regulations 2005 (No. 2), apply to all entities and individuals involved in fishing activities in Australian waters, particularly those requiring the inspection of the High Seas Register and the Fishing Permits Register maintained by the Australian Fisheries Management Authority. These regulations establish fees for the inspection of these registers, reflecting the costs incurred by the Authority in processing applications related to high seas fishing and fishing permits. The application of these regulations is confined to Commonwealth waters, including territorial seas and the Exclusive Economic Zone, and does not extend to state or territory waters. The regulations do not apply to inspections of the Register of Statutory Fishing Rights, which has its own fee structure. The amendments introduced by the Fisheries Management Amendment Regulations 2005 (No. 2) ensure that the fees for inspecting the High Seas Register and the Fishing Permit Register are consistent and set at fifty Australian dollars, aligning with the fee for inspecting the Register of Statutory Fishing Rights. The amendments also recognise the two new registers created in 2004 and provide for the information to be available free of charge via the internet from July 2005. The regulations do not specify any exclusions, exemptions, or thresholds, applying uniformly to all inspections of the registers in question.
Key Provisions
The Fisheries Management Amendment Regulations 2005 (No. 2) (the Regulations) introduce new provisions to the Fisheries Management Regulations 1992 (the Principal Regulations), specifically addressing the fees for inspecting the High Seas Register and the Fishing Permits Register (Regulation 3, Schedule 1, Item 1). These new provisions come into effect on the day after the Regulations are registered on the Federal Register of Legislative Instruments (Regulation 2). The High Seas Register, established under section 57A of the Fisheries Management Act 1991 (the Act), must include specific information about Australian-flagged vessels authorised to fish on the high seas. The Fishing Permits Register, established under section 32 of the Act, must contain details about the fishing permits issued. Both registers are mandated to be available for public inspection during normal business hours (sections 57D and 57J of the Act). The Regulations set a fee of fifty Australian dollars for inspecting either register, aligning with the fee for inspecting the Register of Statutory Fishing Rights (subsections 57D(1) and 57J(1) of the Act).
The Act imposes several obligations on the Australian Fisheries Management Authority. Firstly, it requires the maintenance of the High Seas Register and the Fishing Permits Register, ensuring that these registers contain all necessary and specified information (sections 57A and 32 of the Act). Secondly, the Authority must make these registers available for public inspection during normal business hours, thereby promoting transparency and accountability (sections 57D and 57J of the Act). Additionally, the Authority is obligated to collect the prescribed inspection fee, which is set at fifty Australian dollars for each register (subsections 57D(1) and 57J(1) of the Act).
Breaching the obligations outlined in the Act could lead to various consequences. While the Act does not explicitly outline specific offences or penalties for non-compliance with the inspection fee provisions, failure to maintain accurate and accessible registers could result in administrative penalties or legal action under other sections of the Act or related legislation. The Regulations themselves do not specify penalties for non-payment of the inspection fee, but the Act provides for general penalties for non-compliance with its provisions, which could include fines or other sanctions as deemed appropriate by the courts. Furthermore, the Office of Regulation Review has confirmed that a Regulatory Impact Statement is not required, as the fee is considered minor and does not substantially alter existing arrangements (ID7115).