Fisheries Regulations (Amendment) 1991 No. 438
EXPLANATORY STATEMENT STATUTORY RULES 1991 No. 438
Issued by the authority of the Minister of State for Primary Industries and Energy. FISHERIES ACT 1952
FISHERIES REGULATIONS (AMENDMENT)
Subsection 17(1)(a) 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 and in particular for providing for the furnishing of returns containing information in relation to the taking of fish in Australian waters and the sale and disposal of such fish.
Regulations 15A and 15B of the Fisheries Regulations require the furnishing of returns relating to gem fish and orange roughy. The regulation omits these regulations and inserts a new Regulation 15A relating to south east fishery species ('fish'). This regulation requires the first receiver of the fish to furnish a return to the Department.
Details of the Regulations are set out below.
Regulation 1 provides for amendment of the Fisheries Regulations. Regulation 2 omits Regulation 15A of the Fisheries Regulations.
Regulation 3 omits Regulation 153 of the Fisheries Regulations. Regulation 4 inserts a new Regulation 15A, details of which are below:
Subregulation (1) defines "Management Plan", "Receiver", and "SEF species" for the purposes of these regulations.
Subregulation (2) provides that Regulation 15A applies to fish taken by boats with units allocated or assigned under the "Management Plan".
Subregulation (3) provides that Regulation 15A applies to receivers in certain States on or after 1 January 1992.
Subregulation (4) provides that a receiver of fish on any day, must complete a return within 24 hours of the end of the that day and provides for a maximum penalty of
$2,000 for failing to do so.
Subregulation (5) provides that the return must be in a form approved by the Minister.
Subregulation (6) provides that a receiver who completes a return for any week ending on a Sunday must give the Department a return by the following Tuesday and provides for a maximum penalty of $2,000 for failing to do so.
Subregulation (7) provides that the return must be delivered to the address specified in the return form.
Subregulation (8) specifies the details that must be contained in a return. The regulations commenced on Gazettal.
Overview
The Fisheries Regulations (Amendment) 1991 No. 438, issued under the authority of the Minister of State for Primary Industries and Energy, amends the Fisheries Regulations 1968 to better align with the objectives of the Fisheries Act 1952. This amendment was introduced to address the need for more effective management of fisheries resources, particularly in relation to the reporting and monitoring of fish catches. The Fisheries Act 1952 empowers the Governor-General to establish regulations for the effective implementation of the Act, which includes the management and conservation of fisheries and the collection of relevant data. The Fisheries Regulations (Amendment) 1991 removes outdated reporting requirements for gem fish and orange roughy and introduces new provisions for south-east fishery species, requiring receivers to furnish timely and accurate returns to the Department, with penalties for non-compliance. This legislative update aims to improve the efficiency and accuracy of fisheries data collection, facilitating better management and conservation of marine resources.
Scope and Application
The Fisheries Regulations (Amendment) 1991 No. 438 amends the Fisheries Regulations under the Fisheries Act 1952. This regulation applies to entities involved in the fishing industry, specifically to those who are the first receivers of south east fishery species ("SEF species") in certain states on or after 1 January 1992. The amendment repeals the previous regulations that required the furnishing of returns relating to gem fish and orange roughy and instead introduces new regulations for the reporting of SEF species. The regulation specifies the requirements for these returns, including the form, timing, and content of the returns, as well as the penalties for non-compliance. The regulation applies to the Commonwealth of Australia and extends to the states where the receivers of the fish are located. The regulation does not explicitly state any exclusions or thresholds, but it is implied that it applies to all receivers of SEF species in the specified states. The application of the regulation may be extended or restricted through subordinate instruments.
Key Provisions
The Fisheries Regulations (Amendment) 1991 No. 438 primarily serves to amend the Fisheries Regulations 1987 by introducing new requirements and removing certain outdated provisions. Regulation 1 formally amends the existing regulations, while Regulations 2 and 3 respectively remove Regulation 15A and Regulation 153 from the Fisheries Regulations 1987. These removed regulations previously required the furnishing of returns relating to gem fish and orange roughy. In place of these, a new Regulation 15A is introduced, which is specifically concerned with south east fishery species (SEF species).
The obligations imposed by the new Regulation 15A are significant. Firstly, the regulation applies to any fish taken by boats that have been allocated or assigned units under a "Management Plan." Secondly, it mandates that the first receiver of the fish must furnish a return to the Department. This return must be completed within 24 hours of the end of the day on which the fish were received. The return must be in a form that has been approved by the Minister, and it must be delivered to the address specified in the return form. Moreover, if the week in question ends on a Sunday, the return must be submitted by the following Tuesday. Both these deadlines are crucial, with a maximum penalty of $2,000 being applicable for failure to comply.
Failure to adhere to the requirements of Regulation 15A results in potential civil consequences. Specifically, any receiver who fails to complete and submit a return within the stipulated timeframes may incur a penalty of up to $2,000. This penalty underscores the importance of timely and accurate reporting, ensuring that the Department receives the necessary information for effective management and regulation of fisheries activities. The stringent penalties serve as a deterrent, motivating compliance with the regulatory framework designed to oversee and manage the sustainable use of fishery resources in Australian waters.