EXPLANATORY STATEMENT
Issued by the Australian Fisheries Management Authority
Fisheries Management Act 1991
Fisheries Management (Fish Receiver Permits) Declaration 2018
The determination is a legislative instrument for the purposes of the Legislation Act 2003, and is subject to disallowance and sunsetting under sections 42 and 50 of that Act respectively. It replaces the Fish Receiver Permits Declaration 2017.
Subsection 91(1) of the Fisheries Management Act 1991 (the Act) provides that ‘AFMA may, by notice published in the Gazette, declare a specified fishery to be a fishery to which [Division 2 of Part 6 of the Act] applies’. If Division 2 of Part 6 of the Act applies to a fishery:
(1) AFMA may grant to a person a fish receiver permit authorising the person to receive fishing from a person engaged in commercial fishing in the fishery (see subsection 91(2) of the Act);
(2) a person holding a fish receiver permit under subsection 91(2) of the Act is required to make and keep accounts and records, and is required to give returns of such information to AFMA, under Part 4 of the Fisheries Management Regulations 1992 (the Regulations); and
(3) by way of sections 9H and 9I of the Regulations, a person holding a fishing concession in that fishery is required to dispose of any fish taken in the course of commercial fishing to a holder of a fish receiver permit.
Objectives of the instrument
The instrument repeals and remakes the Logbooks for Fisheries Declaration 2017 to remove the declaration that Division 2 of Part 6 of the Act applies to the Bass Strait Central Zone Scallop Fishery, and to make other minor technical amendments.
Consultation with stakeholders
The Office of Best Practice Regulation advised that a Regulation Impact Statement was not required for this Determination (OBPR ID 23877).
Consultation with Scallop Statutory Fishing Rights holders and Fish Receiver Permit Holders occurred during June and July 2018. The Scallop Management Advisory Committee was also consulted at its meeting 21 June 2018.
The instrument is compatible with the human rights and freedoms recognised or declared under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. A full statement of compatibility is set out in Attachment A.
Determination
The details of this determination are set out below:
Clause 1 provides that the instrument may be cited as the Fisheries Management (Fish Receiver Permits) Declaration 2018.
Clause 2 provides that the instrument commences on the day after it is registered on the Federal Register of Legislation.
Clause 3 provides that the instrument is made under section 91 of the Act.
Clause 4 prescribes relevant definitions for the instrument.
Clause 5 provides authority for the application of the Schedules to the instrument.
Clause 6 declares that the fisheries listed in subsection (2) of that clause are fisheries to which Division 2 of Part 6 of the Act applies.
Schedule 1 repeals the Logbooks for Fisheries Determination 2017.