Fisheries Management Regulations (Amendment)

Administered by Department of Agriculture

Legislation au F1996B03814 Regulations Not in force Legislative Instrument

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Fisheries Management Regulations (Amendment) 1993 No. 296

EXPLANATORY STATEMENT

STATUTORY RULES 1993 No. 296

Issued by the authority of the Minister for Resources

Fisheries Management Act 1991

Fisheries Management Regulations (Amendment)

Section 168 of the Fisheries Management Act 1991 (the Management Act) empowers the GovernorGeneral to make regulations for the purposes of the Management Act. Paragraph 168(2)(e) of the Management Act specifically empowers the Governor-General to make regulations providing for the imposition and recovery of fees in respect of, among other things, the making of applications under the Management Act.

Prior to the commencement of the Management Act, Commonwealth fisheries were regulated under the Fisheries Act 1952 (the 1952 Act). When the 1952 Act was repealed by subsection 3(2) of the Fisheries Legislation (Consequential Provisions) Act 1991 (the Consequential Provisions Act), Part IVA of the 1952 Act was perpetuated for a further 2 years and will expire on 3 February 1994. There is a proposal currently before the Parliament to extend this period for a further 12 months. The result is that the fisheries (or parts of fisheries) which are the subject of agreements between the States and the Commonwealth made under Part IVA continue to be managed under the 1952 Act, instead of being managed under the Management Act, until the sunset provisions of subsection 7(3) of the Consequential Provisions Act take effect. Fisheries that continue to be managed under the 1952 Act in this manner are known as "Part IVA fisheries".

The Fisheries Management Regulations (the principal Regulations), among other things, specify fees in respect of applications relating to fishing concessions made under the Management Act.

The Regulations amend the principal Regulations. The amendment implements new fees for fisheries managed by the Australian Fisheries Management Authority (AFMA) under the Management Act. The amendment operates in parallel with amendments to the Fisheries Regulations in force under the 1952 Act, which set fees in relation to Part IVA fisheries. The new fees are structured on the basis of specific cost recovery from users of each of AFMA's services.

The Regulations define a "formally managed fishery" to be, in effect, a fishery for which management costs are recovered by means of an amount of levy prescribed in a Regulation (known as a "fishery specific levy Regulation") which applies only to authorisations permitting fishing in that fishery and which is made under either the Fishing Levy Act 1991 or, if the fishery is a Part IVA fishery, the Fisheries Levy Act 1984. The Regulations define an "informally managed fishery" to be, in effect, a fishery other than a formally managed fishery.

The Regulations impose new fees in respect of applications for the grant of a fishing concession, the transfer of a fishing concession, and the variation of a fishing concession. A new fee is imposed for applications for the grant of permits authorising particular levels of fishing in the hook sector of the Southern Shark Fishery on a cost recovery basis. A further new fee is imposed for applications for a fish receiver permit, also on a cost recovery basis.

Other fees are unchanged. The amounts and incidences of the new fees imposed by the Regulations are set out in new subregulation 21(2) and in new Schedule 2 to the principal Regulations.

To reflect the higher costs to AFMA of assessing applications for the grant of fishing concessions authorising the use of a boat in an informally managed fishery or the use of a foreign boat generally, the fees for applications for those transactions are set higher than the fees for applications for the grant of fishing concessions authorising the use of an Australian boat in a formally managed fishery. Fees for the application for the grant of a foreign master fishing licence are set at the same level as the fee for the grant of a master fisherman's licence for a foreign boat under the Fisheries Regulations in force under the 1952 Act as both of these licences have an equivalent effect. Fees for applications for transfers and variations of fishing concessions are set uniformly to reflect the cost to AFMA of providing the relevant services.

The Regulations apply (with exceptions) to applications relating to fishing concessions and other matters that are received by AFMA after the commencement of the Regulations. The exceptions are designed mainly to ensure that a fee recovered for an application of a particular type which affects a fishing concession held by a person and which relates to a boat, is only recovered once, even if the same person also applies at a particular time for equivalent transactions in respect of other fishing concessions, licences under the 1952 Act or both, that are also held or applied for by the person and authorise (or would authorise) fishing using the same boat. These exceptions also allow AFMA to avoid charging double the normal fee in relation to applications relating to fisheries which are managed partly under the Management Act and partly as a Part IVA fishery.

The Regulations also omit the former subregulation 21(2) of the principal Regulations. An application is not formally received (and therefore cannot be acted upon) unless all fees are paid. Therefore the subregulation, which prohibits AFMA from acting on matter for which a fee is payable until the fee is paid, is not required.

Details of the Regulations, which commenced on gazettal, are set out below:

Regulation 1 provides for the amendment of the Principal Regulations.

Regulation 2 amends Regulation 21 (Fees) of the Principal Regulations by omitting subregulation 21(1), which specified the previous fees in the previous Schedule 2 and subregulation 21(2), which prohibited AFMA from acting until a fee was paid; and substituting new subregulation 21(1), which provides new definitions, subregulation 21(1A), which specifies the new fees in the new Schedule 2 and subregulation 21(2), which specifies the new fee on particular applications relating to the Southern Shark Fishery.

Regulation 3 amends Schedule 2 (Fees) of the Principal Regulations by omitting the Schedule and substituting a new Schedule 2 (Fees).

 

Overview

The Fisheries Management Regulations (Amendment) 1993 No. 296 were enacted to align the regulatory framework for fisheries management with the Fisheries Management Act 1991. The need for these amendments arose from the transition from the Fisheries Act 1952 to the Fisheries Management Act 1991, particularly in respect of fisheries managed under Part IVA agreements between the Commonwealth and the States. This Act was introduced by the Parliament of Australia to address the legislative gap left by the sunset provisions of the Fisheries Legislation (Consequential Provisions) Act 1991, which perpetuated Part IVA of the 1952 Act for two years. The policy objective of these amendments is to establish a structured fee system based on cost recovery for fisheries managed by the Australian Fisheries Management Authority (AFMA) under the Management Act, while ensuring that fees for Part IVA fisheries remain consistent with those under the 1952 Act. The Regulations were issued by the authority of the Minister for Resources and commenced upon gazettal.

Scope and Application

The Fisheries Management Regulations (Amendment) 1993 No. 296 amends the existing Fisheries Management Regulations to implement new fees for fisheries managed by the Australian Fisheries Management Authority (AFMA) under the Fisheries Management Act 1991. These new fees apply to applications for the grant, transfer, and variation of fishing concessions, as well as for permits related to specific fishing activities such as the Southern Shark Fishery and fish receiver permits. The fees are structured on a cost recovery basis, reflecting the higher costs associated with assessing applications for certain types of concessions. The amendment also defines "formally managed fisheries" and "informally managed fisheries," with the former being subject to a specific levy and the latter not. The Regulations apply to applications received by AFMA after their commencement, with specific exceptions to prevent double charging for certain applications. The Regulations, which commenced on gazettal, also remove a previous subregulation that prohibited AFMA from acting on applications for which a fee is payable until the fee is paid, as applications are not formally received unless all fees are paid. The Regulations apply to individuals, businesses, and entities that submit applications for fishing concessions and related permits to AFMA, with a particular focus on those applying for concessions that authorise fishing in informally managed fisheries or using foreign boats, as these applications incur higher fees. The geographic reach of these Regulations is within Australian waters, specifically those fisheries managed by AFMA under the Fisheries Management Act 1991, excluding fisheries that continue to be managed under the Fisheries Act 1952 due to specific agreements between the States and the Commonwealth. The Regulations are part of the broader legislative framework aimed at managing and regulating fisheries in Australia, ensuring that AFMA can recover costs through user fees while managing fisheries sustainably.

Key Provisions

The Fisheries Management Regulations (Amendment) 1993 No. 296, issued under the Fisheries Management Act 1991, introduce new fees for fishing concessions managed by the Australian Fisheries Management Authority (AFMA) and are designed to reflect the specific costs associated with these activities. Section 168 of the Management Act provides the authority to establish these regulations, particularly concerning the imposition and recovery of fees (Section 168(2)(e)). The new fees are structured based on a cost recovery model, ensuring that the fees are proportionate to the services provided by AFMA. The amendments to the principal regulations are intended to align the fees with the current management practices and cost structures. The Regulations impose a series of obligations on AFMA and the applicants for fishing concessions. AFMA must charge the new fees as specified in the amended subregulation 21(2) and the new Schedule 2. Applicants are required to pay these fees before their applications can be formally received and processed by AFMA. The Regulations also ensure that fees are not double-charged to applicants who have multiple fishing concessions or applications, particularly when they overlap under different regulatory frameworks, such as the Management Act and the Fisheries Act 1952. This is achieved through specific exceptions outlined in the Regulations, designed to prevent duplication and ensure a fair application of fees. The Regulations do not explicitly detail specific penalties or criminal consequences for non-compliance with the fee requirements. However, it is understood that non-payment of fees would mean that an application is not formally received and cannot be acted upon by AFMA. Therefore, while there are no stated maximum penalties within the text, the practical consequence of non-payment is the inability to proceed with the application. The omission of subregulation 21(2) in Regulation 2 reflects the new approach, where the necessity to pay fees is a prerequisite for AFMA to act on an application.

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Area of Law
Environmental Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Fees
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.