Fisheries Management Amendment Regulations (Repeal) 2002 2002 No. 179
EXPLANATORY STATEMENT
STATUTORY RULES 2002 No. 179
Issued by the authority of the Minister for Forestry and Conservation
Fisheries Management Act 1991
Fisheries Management Amendment Regulations (Repeal) 2002
The Fisheries Management Act 1991 (the Act) gives effect to the Treaty on Fisheries between the Governments of Certain Pacific Island States and the Government of the United States of America that was signed at Port Moresby on 2 April 1987 (the Treaty), a copy of which is set out in the Schedule to the Act. Australia is a party to the Treaty.
Subsection 4 (7) of the Act provides for amendments to the Treaty to be given effect to by regulations and in subsection 4(7)(b) specifies the ways in which the regulations may be expressed to enter into force.
Amendments to the Treaty were agreed to by all States Parties to the Treaty at the 11th Treaty consultative meeting in March 1999 and were accepted by Australia on 15 October 2001. The text of the amendments was tabled in both Houses of the Parliament on 6 March 2001. The amendments are to come into force, under Article 8 of the Treaty (for amendments to the main text of the Treaty), on ratification and under Article 9 of the Treaty (for amendments to Treaty annexes) on acceptance by all of the States Parties.
It was hoped that all the instruments of ratification of the amendment to the main body of the Treaty and notices of acceptance of amendments to the Treaty annexes from all States Parties would be deposited with the depositary during 2001.
Because it was thought that the coming into force of the amendments was imminent, the Fisheries Management Amendment Regulations 2001 (No. 3) (the amending regulations) were made to give effect to the Treaty amendments. The amending regulations were to commence on notification in the Gazette, and were to be so notified immediately on the coming into force of the amendments of the Treaty.
However, contrary to expectations, the necessary instruments of ratification have not been deposited with the depositary, and the amending regulations have therefore not been notified in the Gazette.
It is not possible to predict the time of entry into force of the amendments because it is dependent on the acceptance processes of other States party to the Treaty. These Regulations therefore repeal the amending regulations to avoid the need to extend the time for entry into force of the regulations, perhaps several times. New regulations enshrining the amendments in Australian law will be made once notification has been received from the depositary for the Treaty that the amendments are in force.
The Regulations commenced on gazettal.
Overview
The Fisheries Management Amendment Regulations (Repeal) 2002 were enacted to address the uncertainty surrounding the coming into force of amendments to the Treaty on Fisheries between the Governments of Certain Pacific Island States and the Government of the United States of America, which was signed in 1987. The Fisheries Management Act 1991, under which these regulations were made, was designed to implement the Treaty within Australia. The regulations repealed the Fisheries Management Amendment Regulations 2001, which had been prematurely enacted in anticipation of the Treaty amendments coming into effect. As the necessary instruments of ratification by other States Parties have not yet been deposited, it is uncertain when the amendments will actually enter into force. The repealing regulations were issued by the Minister for Forestry and Conservation and commenced immediately upon gazettal to prevent the premature activation of the earlier regulations. The policy objective is to ensure that Australian law remains aligned with the international obligations under the Treaty once all required ratifications and acceptances are completed.
Scope and Application
The Fisheries Management Amendment Regulations (Repeal) 2002 applies to the provisions of the Fisheries Management Act 1991, which implements the Treaty on Fisheries between certain Pacific Island States and the United States of America. This Act applies to all parties involved in the fishing activities within Australia's jurisdiction as defined by the Treaty, including Australian citizens, entities, and vessels operating in the specified areas. The Act's jurisdictional reach extends to the maritime zones of Australia as delineated under the Treaty, which includes provisions for the management and conservation of fishery resources in these areas. The repealing regulations were enacted to address the delay in the entry into force of amendments to the Treaty, which was expected but did not materialise as anticipated. This repeal ensures that there is no premature application of the previously anticipated amendments, and it allows for new regulations to be enacted once the amendments are officially in force. The Act does not specify any exclusions or exemptions, and its application is contingent upon the Treaty's provisions and the subsequent ratification or acceptance of amendments by all involved parties.
Key Provisions
The Fisheries Management Amendment Regulations (Repeal) 2002 (No. 179) aim to repeal the Fisheries Management Amendment Regulations 2001 (No. 3), which were enacted to give effect to amendments to the Treaty on Fisheries between certain Pacific Island States and the United States of America. Section 4(7) of the Fisheries Management Act 1991 (the Act) provides for such amendments to be implemented through regulations, and the repealing regulations detail the process for undoing the earlier regulations which were intended to be activated upon the coming into force of the Treaty amendments. These repealing regulations became effective upon their publication in the Gazette.
Under the Fisheries Management Amendment Regulations (Repeal) 2002, the primary obligation is to remove the prematurely enacted Fisheries Management Amendment Regulations 2001 (No. 3) from the legislative framework. This is necessitated by the delay in the ratification and acceptance processes outlined in the Treaty. The Fisheries Management Amendment Regulations (Repeal) 2002 ensure that the Australian legal system does not enforce regulations that are contingent on events that have not yet occurred. The repealing regulations effectively nullify the earlier regulations until such time as the Treaty amendments are formally accepted and ratified by all relevant parties, at which point new regulations will be enacted.
The Fisheries Management Amendment Regulations (Repeal) 2002 do not introduce new offences or penalties as they are primarily a housekeeping measure to repeal outdated regulations. However, any breaches of the repealed Fisheries Management Amendment Regulations 2001 (No. 3) before their repeal would be subject to the penalties outlined in the Fisheries Management Act 1991 or other relevant legislation. Offences under the Fisheries Management Act 1991 can attract civil penalties, including fines up to a maximum of $22,000 for individuals and $110,000 for bodies corporate, as well as potential criminal penalties depending on the severity of the breach. The repealing regulations themselves do not introduce any new sanctions but ensure the legal framework remains current and enforceable once the Treaty amendments are in force.