Fisheries Regulations (Amendment)

Overview

The Fisheries Regulations (Amendment) Statutory Rules 1988, enacted to amend the Fisheries Regulations under the Fisheries Act 1952, addresses the need for a concise and practical method of referring to specific areas of proclaimed waters, particularly those adjacent to Western Australia on the landward side of the 200-metre isobath. This amendment was introduced to streamline regulatory references and enhance convenience for those working under the Fisheries Act by allowing the use of short descriptions where appropriate. The policy objective is to provide a clear and practical delineation of the area for fisheries management purposes, ensuring consistency with international maritime agreements. Issued under the authority of the Minister for Primary Industries and Energy, this amendment aims to facilitate more efficient administration and enforcement of fishing regulations by providing a simplified reference method for a defined area of waters. The inclusion of Schedule 3, which specifies the area by metes and bounds, aligns with international maritime delimitation lines and has been verified by the Department of Fisheries in Western Australia for practical use in fisheries management.

Scope and Application

The Fisheries Regulations (Amendment) Statutory Rules 1988 No. 30, issued under the authority of the Minister for Primary Industries and Energy, pertain to the Fisheries Act 1952. This amendment serves to incorporate new sub-regulation 21(1) into the Fisheries Regulations, thereby allowing for a more convenient and concise reference to the area of proclaimed waters adjacent to Western Australia on the landward side of the 200-metre isobath. The amendment applies to the full range of matters authorised by or under the Fisheries Act 1952, facilitating references to this area in relevant contexts. Regulation 3 introduces Schedule 3, which meticulously outlines the geographical demarcation of the specified area by metes and bounds, taking into account maritime delimitation lines specified in international agreements to which Australia is a party. This delineation is based on coordinates provided by the Surveying and Land Information Group of the Department of Administrative Services and has been validated by the Department of Fisheries in Western Australia, ensuring its practicality for fisheries purposes.

Key Provisions

The primary operative sections of the amended Fisheries Regulations (section 21(1)) now include a provision that allows for a new short reference to be used for a specified area of proclaimed waters. Specifically, the area of waters adjacent to Western Australia on the landward side of the 200-metre isobath can now be referred to for any matter under the Fisheries Act 1952 where a short description of the area is appropriate or convenient. This change is intended to streamline the process of referencing specific water areas in regulatory and administrative contexts. The obligations and requirements imposed by these regulations are primarily administrative and pertain to the accuracy and practicality of the area delineation. The regulations mandate that the area in question must be described by metes and bounds, taking into account maritime delimitation lines specified in international agreements to which Australia is a party. Additionally, the coordinates provided in Schedule 3 must be verified to ensure that they accurately represent the 200-metre isobath, which is deemed practical for fisheries purposes. The Surveying and Land Information Group of the Department of Administrative Services is responsible for providing the coordinates, while the Department of Fisheries in Western Australia must declare its satisfaction with the delineated area. In terms of enforcement, the regulations themselves do not explicitly outline specific offences, penalties, or civil/criminal consequences for breach. However, any non-compliance with the Act or the regulations would typically be addressed under the provisions of the Fisheries Act 1952. Breaches of the Act can result in civil penalties, which may include fines, as well as criminal penalties where the breach is more severe. The exact penalties would depend on the specific nature of the breach and the provisions of the Fisheries Act 1952. Generally, the maximum penalties for breaches under the Fisheries Act can include substantial fines and, in more serious cases, imprisonment.