EXPLANATORY STATEMENT
STATUTORY RULES 1987 NO 259
Issued by the Authority of the Minister for Resources
FISHERIES ACT 1952
FISHERIES REGULATIONS (AMENDMENT)
Section 17 of the Fisheries Act 1952 (“the Act”) empowers the Governor-General to make regulations, not inconsistent with the Act, prescribing all matters which are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.
On 28 July 1986 the Commonwealth entered a new agreement with KKFC Proprietary Limited. On 30 October 1986 the Governments of Australia and Japan signed a new Subsidiary Agreement concerning Japanese Tuna Long-line Fishing pursuant to Article II of the Agreement on Fisheries signed between the Governments of Australia and Japan on 17 October 1979.
As a consequence of these agreements and changes to the names of certain Commonwealth agencies and Departments, amendments were required to delete obsolete references from the Fisheries Regulations (“the principal regulations”) and to give effect to the terms of the agreements.
Regulation 1 amends regulation 3 of the principal regulations by including definitions of the ‘KKFC Agreement’ and the ‘Subsidiary Agreement’.
Regulation 2 amends subregulation 5(3) of the principal regulations by changing references to ‘Department of Primary Industry’ to ‘Department of Primary Industries and Energy’.
Regulation 3 amends regulation 12A of the principal regulations by changing references to ‘Australian Coastal Surveillance Centre’ to ‘Federal Sea Safety and Surveillance Centre’ and changes references to ‘Department of Transport’ to ‘Department of Transport and Communications’.
Regulation 4 amends regulation 12C of the principal regulations in an identical fashion.
Regulation 5 amends regulation 21 of the principal regulations by omitting subregulation 21(1) which had the effect of defining ‘Subsidiary Agreement’ to be the Subsidiary Agreement signed on 30 October 1984.
Regulation 6 repeals Schedules 3 and 4 to the principal regulations. Schedule 3 set out the Subsidiary Agreement between Australia and Japan, signed on 30 October 1984. Schedule 4 the Authorized Area of the Australian Fishing Zone for Taiwanese Vessels”, which is now included in an amended Schedule 5 to the principal regulations.
Regulation 7 amends Schedule 5 to the principal regulations by omitting items 5 and 6 and substituting a new item 5 which defines a new authorised area of the Australian fishing zone for Taiwanese vessels, and provides a short method of reference for the area.