EXPLANATORY STATEMENT
STATUTORY RULES 1983 No. 10
FISHERIES ACT 1952
FISHERIES REGULATIONS (AMENDMENT)
Issued by the Authority of the Minister for Primary Industry
Sub-section 17(1) 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 for carrying out or giving effect to the Act. Paragraph 17(1)(k) of the Act provides that the Regulations may prescribe short methods of reference to areas of proclaimed waters and the purposes for which these methods of reference may be used.
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 was signed on 17 October 1979. In accordance with Paragraph 2 of Article II of this agreement, detailed procedures for the conduct of Japanese fishing operations and for the issuing of licences by the Australian Government are the subject of annual Subsidiary Agreements between the two Governments.
Regulation 21 of the Fisheries Regulations prescribes the short methods of reference to areas of proclaimed waters specified in the Subsidiary Agreement with the Government of Japan which expired on 30 October 1982. These short methods of description may be used for the purposes of description in instruments made by or under the authority of the Act or other documentation relating to judicial procedures. Schedule 3 to the Fisheries Regulations sets out the Subsidiary Agreement relating to Tuna long-line fishing signed with the Japanese on 20 October 1981 and Schedule 5 sets out the short method of reference to the proclaimed areas described in that Agreement.
On 28 October 1982, following authorization by the Governor-General in Council, the Minister for Primary Industry signed the “Subsidiary Agreement between the Government of Australia and the Government of Japan concerning Japanese Tuna Long-line Fishing” to apply from 1 November 1982. The agreement gives a number of Japanese fishing vessels access to areas of the Australian fishing zone until 31 October 1983 and supersedes the similar agreement entered into with the Japanese Government in 1981.
The regulation repeals Schedule 3 of the existing Regulations which contains the existing agreement and inserts a new Schedule 3, containing the new agreement.
The inclusion of the terms of the agreement in a Schedule to the Regulations does not affect the validity of the agreement or its date of commencement.