Fisheries Management (Northern Prawn Fishery) Regulations 1995

Administered by Department of Agriculture

Legislation au F1996B03387 Regulations Not in force Legislative Instrument

Legislation content

Fisheries Management (Northern Prawn Fishery) Regulations 1995

Statutory Rules 1995 No. 12 as amended

made under the

Fisheries Management Act 1991

This compilation was prepared on 6 August 2004
taking into account amendments up to SR 2004 No. 235

Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra

Contents

 1 Citation [see Note 1] 

 2 Interpretation 

 3 Particulars to be included in Register 

Notes   

 

 

 

 

1 Name of Regulations [see Note 1]

  These Regulations are the Fisheries Management (Northern Prawn Fishery) Regulations 1995.

2 Interpretation

 (1) In these Regulations:

Act means the Fisheries Management Act 1991.

NPF Plan means the Northern Prawn Fishery Management Plan 1995 made under subsection 17 (1) of the Act.

 (2) An expression used in these Regulations that is also used in the NPF Plan has the same meaning in these Regulations as it has in the NPF Plan.

Note   Some of the expressions used in the NPF Plan, and their meanings, are:

gear statutory fishing right means a statutory fishing right described in section 7 of the NPF Plan.

operational footrope, for a prawn trawl net, means the part of the footrope of the net that lies between the 2 outermost points at which the netting at the bottom of the net is attached to the footrope.

operational headrope, for a prawn trawl net, means the part of the headrope of the net that lies between the 2 outermost points at which the netting at the top of the net is attached to the headrope.

3 Particulars to be included in Register

 (1) AFMA must enter in the Register the following particulars in relation to a statutory fishing right granted in respect of the Northern Prawn Fishery:

 (a) if the person who is the owner of the fishing right is not the person to whom the fishing right was granted — the name of the owner;

 (b) if the person who is the holder of the fishing right is not the person to whom the fishing right was granted — the name of the holder;

 (d) if the fishing right is a Class B statutory fishing right — an indication whether it is an active or surplus Class B statutory fishing right;

 (e) if the fishing right is a gear statutory fishing right — an indication whether the holder elects to hold the fishing right in relation to a Class B statutory fishing right under clause 23B of the NPF Plan;

 (f) if the holder elects to hold the fishing right in relation to a Class B statutory fishing right under paragraph (e) — the number or alphanumeric code (if any) by which the Class B statutory fishing right is identified by AFMA;

 (g) if there is a nominated boat for the fishing right:

 (i) the name of the boat;

 (ii) the number of gear statutory fishing rights for the boat;

 (iii) the operational headrope and operational footrope equivalent, in metres, that the number of gear statutory fishing rights for the boat equate to;

 (vi) if a Commonwealth or State authority issues a licence in relation to the boat — the number (if any) of the licence;

 (vii) if a State authority issues a distinguishing symbol in relation to the boat — a description or representation of the symbol;

 (h) the postal address shown for the holder of the fishing right in the last written notice of address received by AFMA from the holder;

 (i) the telephone number shown for the holder of the fishing right in the last written notice of that number received by AFMA from the holder;

 (j) the fax number (if any) shown for the holder of the fishing right in the last written notice of that number received by AFMA from the holder;

 (k) if the holder or owner of the fishing right is a company — the Australian Company Number of the company;

 (l) if AFMA identifies the fishing right by a number or an alphanumeric code — that number or code.

 (1A) AFMA may enter in the Register the following particulars in relation to a statutory fishing right granted in respect of the Northern Prawn Fishery if there is a nominated boat for the fishing right:

 (a) details of the boat’s breadth, depth, hull length, colour and hull underdeck volume;

 (b) details of the type, serial number, aspiration, power (in kW), turbocharger number (if any) and aftercooler system (if any) of the boat’s engine;

 (c) if a Commonwealth or State Authority issues a radio call sign for a radio carried on the boat — details of the call sign.

 (2) AFMA may alter the Register to take into account a change in a particular referred to in subregulation (1) or (1A).

Notes to the Fisheries Management (Northern Prawn Fishery) Regulations 1995

Note 1

The Fisheries Management (Northern Prawn Fishery) Regulations 1995 (in force under the Fisheries Management Act 1991) as shown in this compilation comprise Statutory Rules 1995 No. 12 amended as indicated in the Tables below.

Table of Statutory Rules

Year and
number

Date of notification
in Gazette

Date of
commencement

Application, saving or
transitional provisions

1995 No. 12

10 Feb 1994

10 Feb 1994

 

2004 No. 235

6 Aug 2004

6 Aug 2004

—

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

R. 1.................

rs. 2004 No. 235

Notes 1 and 2  to r. 2.....

rep. 2004 No. 235

Note to r. 2............

ad. 2004 No. 235

R. 3.................

am. 2004 No. 235

 

Overview

The Fisheries Management (Northern Prawn Fishery) Regulations 1995 were enacted to provide a regulatory framework for the management of the Northern Prawn Fishery, complementing the broader Fisheries Management Act 1991. These regulations were introduced by the Parliament of Australia to address the need for specific rules governing the Northern Prawn Fishery, ensuring sustainable management practices and efficient administration of fishing rights. The primary objective is to support the implementation of the Northern Prawn Fishery Management Plan 1995, which outlines the measures necessary for the sustainable harvest of prawns in the specified area. The Australian Fisheries Management Authority (AFMA) is tasked with maintaining a register of statutory fishing rights, ensuring transparency and accountability in the fishery management process. The regulations mandate the inclusion of specific details for each fishing right, such as the names of owners and holders, the status of the fishing right, and particulars relating to any nominated boats, thereby facilitating effective oversight and regulation of the fishery.

Scope and Application

The Fisheries Management (Northern Prawn Fishery) Regulations 1995, established under the Fisheries Management Act 1991, apply to statutory fishing rights granted for the Northern Prawn Fishery in Australia. These regulations mandate the Australian Fisheries Management Authority (AFMA) to maintain a Register containing specific details about these statutory fishing rights. The register must include particulars such as the name of the owner and holder of the fishing rights, the type of statutory fishing right, and various attributes of any nominated boats associated with the rights. The Regulations apply nationally across Australia, but their primary focus is on the Northern Prawn Fishery. The regulations also allow for additional details about nominated boats to be included in the Register, such as the boat's physical dimensions, engine specifications, and any applicable radio call signs. These Regulations are subject to amendments through subordinate instruments, as evidenced by the amendments made in 2004.

Key Provisions

The Fisheries Management (Northern Prawn Fishery) Regulations 1995 (section 3) mandate that the Australian Fisheries Management Authority (AFMA) must include specific details in the Register for each statutory fishing right granted in the Northern Prawn Fishery. This includes the name of the owner or holder if different from the person to whom the right was granted, the status of Class B statutory fishing rights (active or surplus), and whether the holder elects to hold the right in relation to a Class B statutory fishing right. For gear statutory fishing rights, AFMA must also record if the holder elects to hold the right in relation to a Class B statutory fishing right and the number or alphanumeric code identifying the Class B statutory fishing right. If there is a nominated boat for the fishing right, AFMA must record the boat's name, the number of gear statutory fishing rights for the boat, the operational headrope and operational footrope equivalent in metres, and any relevant licence or distinguishing symbol details. Additionally, AFMA must record the holder's postal address, telephone number, fax number, and if applicable, the Australian Company Number. These Regulations impose several obligations on AFMA and the holders of statutory fishing rights. AFMA is required to maintain an accurate and up-to-date Register containing the particulars specified in section 3. This includes ensuring that any changes to the registered details are promptly recorded. The holders of statutory fishing rights must provide AFMA with accurate and updated information regarding their ownership, holding status, and boat details as required by section 3. This obligation ensures that the Register remains a reliable source of information for managing the Northern Prawn Fishery. The Regulations do not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches. However, under the Fisheries Management Act 1991, there are provisions for penalties for non-compliance with fishing regulations, which could apply to breaches of these Regulations. For instance, offences under the Fisheries Management Act can result in fines and, in severe cases, imprisonment. The exact penalties would depend on the nature and severity of the breach, as well as any relevant State or Territory laws. Given the importance of maintaining accurate records for the sustainable management of the fishery, non-compliance could lead to significant consequences for both AFMA and the holders of statutory fishing rights.

Legal classification tags

Area of Law
Environmental Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
Licensing & Registration

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.