EXPLANATORY STATEMENT
STATUTORY RULES 1985 No. 194
FISHERIES ACT 1952
FISHERIES REGULATIONS (AMENDMENT)
Issued by the Authority of the Minister for Primary Industry
The Fisheries Act 1952 empowers the Governor-General to make regulations prescribing matters which are necessary for carrying out or giving effect to the Act.
From time to time the Government enters into agreements to allow foreign fishing vessels access to certain areas of the Australian fishing zone. A Head Agreement on Fisheries with the Government of Japan signed on 17 October 1979 provides for detailed procedures for the conduct of Japanese fishing operations and for the issuing of licences by the Australian Government to be the subject of annual Subsidiary Agreements between the two Governments.
The Fisheries Regulations prescribe short methods of reference to areas of proclaimed waters specified in the Subsidiary Agreement with the Government of Japan, for descriptive purposes in instruments made under the Act. Schedule 3 to the Fisheries Regulations sets out the text of Subsidiary Agreement relating to tuna long-line fishing signed with the Japanese Government and Schedule 5 sets out the short methods of reference to the areas described in that Agreement.
These regulations incorporate into Schedule 3 of the Fisheries Regulations, the text of the “Subsidiary Agreement between the Government of Australia and the Government of Japan concerning Japanese Tuna Long-line Fishing” signed by the Minister for Primary Industry on 30 October 1984 to apply from 1 November 1984 until 31 October 1985 and also make two other minor amendments to the Fisheries Regulations. The full effect of the amendments is:
• Regulation 1 amends regulation 11 of the Fisheries Regulations by converting “12 inches” to the metric equivalent, “300 millimetres”
• Regulation 2 redrafts regulation 13 of the Fisheries Regulations to require a fisherman in charge of a boat in proclaimed waters to comply with the measures required by the Navigation (Collision) Regulations. The penalty for a contravention of this regulation remains unchanged at $200. As in the past, imposition of a penalty on conviction for such an offence does not relieve a person from civil liability for damage caused by their act or omission
• Regulation 3 repeals Schedule 3 of the Fisheries Regulations which contained the text of the 1982/83 Subsidiary Agreement and inserts a new Schedule 3, containing the text of the new Subsidiary Agreement.
• Regulation 4 remakes Schedule 5 to provide short descriptions of the areas in Schedule 3 as amended.