Fisheries Management Regulations (Amendment)

Overview

The Fisheries Management Regulations (Amendment) 1993 No. 74 were enacted under the authority of the Minister for Primary Industries and Energy to address specific issues within the Fisheries Management Act 1991. The primary objective of these regulations was to make necessary amendments to the existing Fisheries Management Regulations, which had come into effect on 3 February 1992. Specifically, the amendment aimed to exempt certain levy payments prescribed under the Fishing Levy (Southern Shark Fishery Research) Regulations from the requirements set out in regulation 19A of the Management Regulations. This exemption was intended to ensure clarity in when the levy is due and payable. Additionally, the amendment corrected obsolete references in regulation 32 of the Management Regulations, ensuring that the correct references to subregulations 33(1), (2), and (3) were used, thereby rectifying inconsistencies that arose from previous amendments, particularly those made by the Fisheries Management Regulations (Amendment), No 455 of 1992.

Scope and Application

The Fisheries Management Regulations (Amendment) 1993 No. 74 applies to the Fisheries Management Regulations, which were made under the Fisheries Management Act 1991. The primary focus of the amendment is to modify certain provisions of the Management Regulations concerning the payment of levies and the use of logbooks by those involved in the fishing industry. The amendment applies to any persons or entities engaged in activities regulated by the Fisheries Management Act and the associated Management Regulations, including commercial and recreational fishers, fishing companies, and other stakeholders within Australia's fisheries sector. The geographic reach of the amendment is confined to Australia, as the Act and its regulations apply nationally. The amendment does not introduce any exclusions or exemptions but instead corrects existing regulatory provisions to ensure clarity and consistency in the application of fishing levies and logbook requirements. Furthermore, the authority to create subordinate instruments under Section 168 of the Act allows for further extension or restriction of the application of these regulations as needed.

Key Provisions

The Fisheries Management Regulations (Amendment) 1993 No. 74 (the Regulations) amend the Fisheries Management Regulations (the Management Regulations) made under the Fisheries Management Act 1991 (the Act). Regulation 1 of the Regulations provides for these amendments. Regulation 2 specifically targets regulation 19A of the Management Regulations, which concerns the payment of a levy under the Fishing Levy (Southern Shark Fishery Research) Regulations. Regulation 2 exempts certain amounts of levy prescribed in the Fishing Levy (Southern Shark Fishery) Regulations from the operation of regulation 19A. This amendment aims to ensure that the Fishing Levy (Southern Shark Fishery Research) Regulations can unambiguously prescribe when the levy is due and payable. The Regulations impose obligations on the parties and entities governed by the Management Regulations. For example, parties involved in the fishing industry must now comply with the amended regulation 19A, which exempts certain levies as outlined in the Fishing Levy (Southern Shark Fishery) Regulations. This amendment means that the payment of these levies may be subject to different conditions or timelines, as prescribed by the Fishing Levy (Southern Shark Fishery) Regulations. Additionally, entities required to maintain logbooks must ensure they adhere to the corrected references in regulation 32 of the Management Regulations, as amended by regulation 3 of the Regulations. This ensures that the logbook requirements are correctly referenced and applied. There are no specific offences, penalties, or civil/criminal consequences outlined in the Regulations themselves. However, breaches of the amended Management Regulations could lead to enforcement actions under the Act. The Act provides for various enforcement measures, which may include fines, penalties, and other legal consequences for non-compliance with the regulations. The specific penalties for breaches are detailed in the Fisheries Management Act 1991, and they may vary depending on the nature and severity of the breach.