Fisheries Management Regulations (Amendment) 1997 No. 410
EXPLANATORY STATEMENT
STATUTORY RULES 1997 No. 410
Issued by the authority of the Minister for Resources and Energy
Fisheries Management Act 1991
Fisheries Management Regulations (Amendment)
Subsection 168(1) of the Fisheries Management Act 1991 (the Act) empowers the Governor-General to make regulations required or permitted by the Act to be prescribed and regulations necessary or convenient to be prescribed in carrying out or giving effect to the Act.
Section 4(1) of the Act defines a fishery as a class of activities by way of fishing, including activities identified by reference to amongst other things, an area of waters. Paragraph 4(4)(a) of the Act provides that for the purposes of the Act, in relation to a fishery or a managed fishery that is identified by reference to an area, a reference to activities in the fishery or in the managed fishery includes activities in that area. Section 32(1) of the Act provides that the Australian Fisheries Management Authority (AFMA) may, upon application made in the approved form, grant to a person a fishing permit, authorising the use of a boat for fishing in a specified area of the AFZ or a specified fishery. Section 85(1) of the Act provides for the issue of search warrants in relation to offences against the Act.
Paragraph 168(2)(p) of the Act provides that regulations may be made prescribing short methods of reference to areas of the Australian Fishing Zone (AFZ) specified in the regulations and the purposes for which those methods of reference may be used. Subparagraph 168(2)(e)(ii) provides that regulations may be made for the imposition and recovery of fees in respect of the making of applications under the Act.
The Fisheries Management Regulations (the principal Regulations) prescribe matters in support of the Act, including references to fisheries managed by AFMA, and the setting of application fees.
The Fisheries Management Regulations (Amendment) (the Regulations) amend the principal Regulations to deal with three matters:
* the first matter relates to the inclusion of a reference to the Heard Island and McDonald Islands Fishery as a fishery managed by AFMA listed in existing Regulation 4B;
* the second matter sets an application fee for entry to the Heard Island and McDonald Islands Fishery. The fee imposed is significantly higher than the application fee for fishing permits in other fisheries formally managed by AFMA. The fee represents the estimated costs to be incurred by AFMA in processing applications for fishing permits for the fishery. These are higher than is ordinarily the case due to the costs associated with the establishment of an expert assessment panel to make recommendations to AFMA on the granting of permits; and
* the third matter relates to the deletion of the form of search warrant outlined in Schedule 1 of the Regulations as a prescribed form to be used by AFMA when executing search warrants, to take account of recent amendments to the Act by the Fisheries Legislation Amendment Act 199 7.
Details of the Regulations, which commenced on gazettal, are set out below:
Regulation 1 provides that the Regulations amend the principal Regulations.
Regulation 2 amends Regulation 4B of the principal Regulations by inserting a reference to the Heard Island and McDonald Islands Fishery as a fishery managed by AFMA.
Regulation 3 omits Division 1 of Part 4 which refers to warrants.
Regulation 4 substitutes a new heading for Schedule 1 and omits Form 1 from Schedule 1, which had been a prescribed form for search warrants executed by officers of AFMA.
Regulation 5 amends Schedule 2 (Fees) to include a new item 1A. Item 1A sets the application fee for the Heard Island and McDonald Islands Fishery.
Overview
The Fisheries Management Regulations (Amendment) 1997 No. 410 were introduced to address the need for amendments to the Fisheries Management Regulations 1993, as required by the Fisheries Management Act 1991. These amendments were enacted by the Parliament of Australia to refine the management of fisheries and ensure the regulations are up-to-date with legislative changes. The primary objective of these amendments was to update the list of fisheries managed by the Australian Fisheries Management Authority (AFMA), introduce a specific application fee for the Heard Island and McDonald Islands Fishery, and remove an outdated form of search warrant from the regulations to align with recent legislative changes. This ensures the regulatory framework remains effective and reflective of current operational needs and costs.
Scope and Application
The Fisheries Management Regulations (Amendment) 1997 No. 410 applies to entities and persons involved in fishing activities within Australia's Fishing Zone, particularly those who are subject to the Fisheries Management Act 1991. This includes the Australian Fisheries Management Authority (AFMA), which is responsible for managing fisheries and issuing permits. The regulations specifically address the Heard Island and McDonald Islands Fishery, setting it apart with a higher application fee to reflect the unique costs associated with managing this fishery. The amendments also adjust the forms of search warrants to align with recent legislative changes. These regulations are applicable nationally within the Commonwealth jurisdiction, covering all fisheries managed by AFMA, including newly referenced areas such as the Heard Island and McDonald Islands Fishery. The amendments do not specify exclusions or exemptions but focus on the particular requirements and costs associated with this specific fishery. The scope of application is further defined through subordinate instruments that may detail additional conditions or specifics related to fisheries management.
Key Provisions
The Fisheries Management Regulations (Amendment) 1997 No. 410 amends the principal Fisheries Management Regulations to introduce several changes, primarily concerning the Heard Island and McDonald Islands Fishery. Firstly, Regulation 2 amends Regulation 4B of the principal Regulations by inserting a reference to the Heard Island and McDonald Islands Fishery as a fishery managed by the Australian Fisheries Management Authority (AFMA) (Reg. 2). This amendment ensures that the Heard Island and McDonald Islands Fishery is formally recognised and listed among the fisheries overseen by AFMA, thereby integrating it into the existing regulatory framework (Reg. 2).
These regulations impose specific obligations on AFMA and other relevant parties. AFMA is now required to manage the Heard Island and McDonald Islands Fishery in accordance with the Act and the amended Regulations (Reg. 2). This includes processing applications for fishing permits in this fishery and ensuring that all activities comply with the regulatory requirements. Furthermore, the regulations necessitate the imposition of a higher application fee for entry to the Heard Island and McDonald Islands Fishery, reflecting the additional costs associated with the establishment of an expert assessment panel to review permit applications (Reg. 5).
Failure to comply with these provisions can lead to various consequences. Although the explanatory statement does not explicitly detail the offences or penalties for non-compliance, breaches of the Fisheries Management Act 1991 can result in substantial penalties under the original Act. For instance, unauthorised fishing activities or non-compliance with permit requirements can lead to criminal charges, with potential penalties including fines and imprisonment. Additionally, AFMA has the authority to issue search warrants to enforce the Act, as outlined in Section 85(1) of the Act. The deletion of the form of search warrant in Regulation 4 is a procedural change to align with recent legislative amendments, ensuring that the warrants issued comply with current legal standards.
The amendments also reflect a shift in the regulatory approach by removing the specific form of search warrant previously outlined in Schedule 1 of the Regulations (Reg. 4). This change aligns with recent amendments to the Fisheries Management Act 1991 by the Fisheries Legislation Amendment Act 1997, ensuring that AFMA's enforcement actions are consistent with updated legal requirements. While the specific penalties for breaches are not detailed within the explanatory statement, the overarching legislative framework imposes significant deterrents against non-compliance, underscoring the importance of adhering to the regulatory obligations imposed by the amended Regulations.