Fisheries Management Regulations (Amendment) 1996 No. 317
EXPLANATORY STATEMENT
STATUTORY RULES 1996 No. 317
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 GovernorGeneral 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. 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. Paragraph 168(2)(p) provides that regulations may be made prescribing short methods of reference to areas of the Australian Fishing Zone specified in the regulations and the purposes for which those methods of reference may be used. The Fisheries Management Regulations (the principal Regulations) prescribe matters in support of the Act.
The Fisheries Management Regulations (Amendment) (the Regulations) amend the principal Regulations to deal with 4 matters:
* The first matter is the inclusion of definitions of fisheries managed by the Australian Fisheries Management Authority (AFMA) on behalf of the Commonwealth, for which plans of management have not yet been determined. The defined terms are used in the Fishing Levy (All Fisheries) Regulations (the levy Regulations), and would also enable consistent references to these fisheries to be made in future legislation.
* The second matter is the making of amendments to the principal Regulations to take account of the levy Regulations.
* The third matter is to omit a fee in relation to the Southern Shark Fishery which is no longer applicable.
* The fourth matter is to omit from a schedule of fees in the principal Regulations references to licences granted under the Fisheries Act 1952, which ceased to have effect at the end of 2 February 1995.
The proposed Regulations also correct a typographical error detected in the principal Regulations.
Details of the Regulations, which commenced on gazettal, are set out below:
Regulation 1 provides that the Regulations amend the principal Regulations.
Regulation 2 inserts a new subregulation 3(3) into the principal Regulations, which specifies the meaning to be ascribed to references to a fishery in the Regulations.
Regulation 3 inserts a new Part 2B into the principal Regulations, which defines certain fisheries and sectors of fisheries for which plans of management have not yet been determined.
* New regulation 4B defines 13 fisheries by reference to an area of waters defined in Schedule 1A.
* New regulation 4C defines the sectors into which the Eastern Tuna and Billfish Fishery is divided.
* New regulation 4D defines the sectors into which the South East Trawl Fishery is divided.
* New regulation 4E defines an area of the Southern Tuna and Billfish Fishery, known as Zone Z, by reference to an area of waters defined in Schedule 1 A.
Regulation 4 amends regulation 10B of the principal Regulations by omitting definitions which have become superfluous, amending other definitions and altering references to fisheries, all of which are necessary to take account of the making of the levy Regulations.
Regulation 5 omits regulation 21 of the principal Regulations, which prescribes matters relating to fees, and replaces it with a revised regulation from which references to special application fees relating to the Southern Shark Fishery have been deleted.
Regulation 6 inserts Schedule 1A into the principal Regulations in which the area of each of the fisheries and sectors of fisheries defined in Part 2B of the principal Regulations are listed.
Regulation 7 amends the heading of Schedule 1 to the principal Regulations.
Regulation 8 omits Schedule 2 to the principal Regulations and replaces it with a new Schedule 2 which no longer includes references to applications under the Fisheries Act 1952.
Overview
The Fisheries Management Regulations (Amendment) 1996 No. 317 were enacted to amend the principal Fisheries Management Regulations and address several issues that had arisen under the Fisheries Management Act 1991. These amendments were made by the Governor-General in accordance with the authority granted under the Act, specifically under subsection 168(1) and subparagraph 168(2)(e)(ii) and paragraph 168(2)(p) of the Act. The policy objective of these amendments was to ensure consistency and clarity in the management of fisheries, particularly in relation to the imposition of fees and the definition of fisheries for which management plans had not yet been determined.
These amendments were introduced to include definitions for fisheries managed by the Australian Fisheries Management Authority on behalf of the Commonwealth, which would facilitate consistent references in future legislation and align with the Fishing Levy (All Fisheries) Regulations. Additionally, the amendments addressed the need to omit fees that were no longer applicable, such as those relating to the Southern Shark Fishery, and to correct a typographical error in the principal Regulations. The amendments also updated references to ensure they align with the new levy Regulations and removed references to the now defunct Fisheries Act 1952.
Scope and Application
The Fisheries Management Regulations (Amendment) 1996 No. 317, issued under the authority of the Minister for Resources and Energy, amend the principal Fisheries Management Regulations to align them with the Fishing Levy (All Fisheries) Regulations and to address several other technical issues. These amendments apply to fisheries managed by the Australian Fisheries Management Authority (AFMA) on behalf of the Commonwealth, specifically those for which plans of management have not yet been determined, as well as to sectors of fisheries such as the Eastern Tuna and Billfish Fishery and the South East Trawl Fishery. The regulations also correct a typographical error in the principal Regulations. The amendments are intended to ensure consistency in the references to these fisheries in future legislation and to address the changes in the regulatory environment, such as the removal of fees for the Southern Shark Fishery and the cessation of licences under the Fisheries Act 1952. The Regulations apply across Australia, given the national scope of the Australian Fishing Zone and the overarching Fisheries Management Act 1991.
Key Provisions
The Fisheries Management Regulations (Amendment) 1996 No. 317 primarily serve to refine and update the principal Fisheries Management Regulations under the Fisheries Management Act 1991. Regulation 1 establishes that these amendments are to the principal Regulations. Regulation 2 introduces a new subregulation 3(3) which clarifies the meaning of references to fisheries within the Regulations, ensuring consistency and precision in legal terminology. Regulation 3 introduces a new Part 2B, which provides detailed definitions for fisheries and sectors of fisheries for which management plans have yet to be determined. These definitions are crucial for both the Fishing Levy (All Fisheries) Regulations and future legislative references.
The obligations imposed by these regulations on the parties involved, primarily the Australian Fisheries Management Authority (AFMA), are to ensure that the definitions and references used in the Regulations are consistent and accurate. This includes correctly identifying and managing fisheries, particularly those for which management plans are still in development. The new definitions in Part 2B must be adhered to in all regulatory actions, levy impositions, and future legislation related to these fisheries. Regulation 4 involves amendments to existing definitions and references, ensuring that they align with the newly introduced levy Regulations. Regulation 5 removes outdated references to fees related to the Southern Shark Fishery, reflecting changes in applicable regulations.
Regulatory compliance is critical, and the amendments introduced by these Regulations aim to streamline and clarify the legal framework governing fisheries management. The omission of fees and outdated references in Regulations 5 and 8 ensures that only current and relevant information governs the fisheries sector. Any breach of these obligations could result in legal challenges regarding the validity of management plans, levy impositions, or other regulatory actions. The precise definitions and references introduced by these Regulations help avoid ambiguity and ensure that all parties are working under the same understanding of the terms used.
Offences and penalties for non-compliance with these regulations are not explicitly stated in the text. However, breaches of the Fisheries Management Act 1991 or its subsidiary regulations could lead to civil or criminal penalties as outlined in the primary Act. These penalties may include fines and, in more severe cases, imprisonment. The exact penalties would depend on the nature and severity of the breach, as well as any additional provisions outlined in the Fisheries Management Act 1991. Ensuring compliance with these amendments is, therefore, essential for avoiding legal repercussions and maintaining the integrity of fisheries management in Australia.