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.
Overview
The Fisheries Regulations (Amendment) 1983, enacted under the authority of the Minister for Primary Industry, amends the Fisheries Regulations 1952 to incorporate a new Subsidiary Agreement concerning Japanese tuna long-line fishing. This amendment was introduced to address the need for updated regulations in light of the expiry of the previous agreement between Australia and Japan on 30 October 1982. The Fisheries Act 1952 empowers the Governor-General to make regulations for the effective administration of fisheries within Australia's fishing zone, and these amendments ensure that the terms of the new Subsidiary Agreement are incorporated into the legal framework governing fishing activities. The policy objective is to maintain a structured and legally compliant environment for foreign fishing operations, facilitating orderly and regulated access to Australian waters.
Scope and Application
The Fisheries Regulations (Amendment) provide amendments to existing regulations under the Fisheries Act 1952, which applies to all persons, entities, and industries involved in fishing activities within Australian waters, including Commonwealth, state, and territory waters. The amendment specifically addresses the regulation of foreign fishing vessels, particularly those from Japan, and sets forth the terms of agreements that allow these vessels access to certain areas of the Australian fishing zone. The regulation repeals the previous subsidiary agreement concerning Japanese tuna long-line fishing and replaces it with a new agreement that applies from 1 November 1982 until 31 October 1983. The new agreement, included as Schedule 3 to the Regulations, outlines the detailed procedures for Japanese fishing operations within the Australian fishing zone. The regulation ensures that these agreements are legally binding and incorporated into the regulatory framework, although their validity and commencement date remain unaffected by their inclusion in the Schedule. The scope of the Act extends to all fishing activities within the proclaimed waters of Australia, and any exclusions, exemptions, or thresholds are detailed within the subsidiary agreements themselves rather than the overarching Act or Regulations.
Key Provisions
The Fisheries Regulations (Amendment) Statutory Rules 1983 (No. 10) (the Amendment) amends the Fisheries Regulations 1952, which are subsidiary legislation made under the Fisheries Act 1952 (the Act). Section 17(1) of the Act empowers the Governor-General to make regulations for carrying out or giving effect to the Act. Specifically, the Amendment updates Regulation 21 and Schedule 3 to reflect a new Subsidiary Agreement between Australia and Japan concerning Japanese tuna long-line fishing. Regulation 21 prescribes short methods of reference to areas of proclaimed waters, which can be used for descriptions in instruments made under the Act or in other documentation. The Amendment replaces the existing agreement in Schedule 3 with a new Subsidiary Agreement, which was signed on 28 October 1982 and applies from 1 November 1982, and remains in effect until 31 October 1983.
The Amendment imposes specific obligations on the parties involved, including the Australian Government and Japanese fishing vessels. It mandates that the Australian Government must issue licenses to Japanese fishing vessels in accordance with the terms of the new Subsidiary Agreement. The Japanese fishing vessels must comply with the detailed procedures for conducting fishing operations as specified in the agreement. Furthermore, the Australian Government is responsible for enforcing the provisions of the agreement, including monitoring and regulating fishing activities within the designated areas to ensure compliance with the terms of the agreement.
Failure to comply with the terms of the Subsidiary Agreement or the Fisheries Regulations may result in various consequences. Under the Fisheries Act, offences may be subject to criminal or civil penalties, including fines and imprisonment. The maximum penalties for offences under the Fisheries Act can vary depending on the nature and severity of the offence. For example, offences involving the unlawful taking of fish or the use of prohibited fishing gear may result in fines up to $110,000 and/or imprisonment for up to two years for individuals, and higher penalties for corporations. Additionally, the Australian Government may take enforcement actions, such as seizing fishing vessels or equipment, and imposing administrative penalties, to ensure compliance with the regulations and the terms of the Subsidiary Agreement.