Heard Island and McDonald Islands Fishery Management Plan Amendment 2004 (No. 1)
I, RICHARD MCLOUGHLIN, Managing Director of the Australian Fisheries Management Authority, make this Plan Amendment under sections 17 and 20 of the Fisheries Management Act 1991.
Dated 6 October 2004
Accepted Senator IAN MACDONALD
dated 16 November 2004
IAN MACDONALD
RICHARD MCLOUGHLIN
Managing Director of the Australian Fisheries Management Authority
1 Name of Plan Amendment
This Plan Amendment is the Heard Island and McDonald Islands Fishery Management Plan Amendment 2004 (No. 1).
2 Commencement
This Plan Amendment commences on the date of its notification in the Gazette.
3 Amendment of Heard Island and McDonald Islands Fishery Management Plan 2002
Schedule 1 amends the Heard Island and McDonald Islands Fishery Management Plan 2002.
Schedule 1 Amendments
(section 3)
[1] Subsection 22 (1)
omit
holds
insert
owns
[2] Subsection 22 (2)
omit
held
insert
owned
[3] Subsection 22 (3)
omit each mention of
holds
insert
owns
[4] Schedule 1
omit
south along that meridian to its intersection with the parallel 55 00 00 S;
insert
south along that meridian to its intersection with the parallel 56 00 00 S;
Overview
The Heard Island and McDonald Islands Fishery Management Plan Amendment 2004 (No. 1) was enacted to make adjustments to the existing management plan for fisheries around the Heard Island and McDonald Islands, an Australian external territory. This legislative instrument was created under the authority of the Fisheries Management Act 1991 and was designed to address specific gaps in the existing management framework for the region's fisheries. The amendment was made by Richard McLoughlin, the Managing Director of the Australian Fisheries Management Authority, and was accepted by Senator Ian Macdonald. The purpose of the amendment is to refine the jurisdictional boundaries and management strategies for fisheries in this remote area, ensuring that they are effectively managed and regulated to prevent overfishing and protect marine biodiversity.
Scope and Application
The Heard Island and McDonald Islands Fishery Management Plan Amendment 2004 (No. 1) applies to entities and individuals engaged in fishing activities within the specified geographic area surrounding Heard Island and McDonald Islands. This legislation is an amendment to the Heard Island and McDonald Islands Fishery Management Plan 2002, and is made under sections 17 and 20 of the Fisheries Management Act 1991 by the Managing Director of the Australian Fisheries Management Authority. The amendment modifies certain ownership stipulations and geographical coordinates within the management plan, reflecting changes in the administrative boundaries of the fishery. The amendment takes effect from the date of its notification in the Gazette. No specific exclusions or exemptions are noted within the text, and its jurisdictional reach is limited to the waters surrounding the Heard Island and McDonald Islands. Any further detailed application or interpretation of this Plan Amendment may be subject to subordinate instruments as necessary.
Key Provisions
The Heard Island and McDonald Islands Fishery Management Plan Amendment 2004 (No. 1) introduces changes to the existing Heard Island and McDonald Islands Fishery Management Plan 2002. The primary change, detailed in Schedule 1, involves the amendment of Section 22 of the original plan. Specifically, it replaces instances of the word "holds" with "owns" in subsections 22(1), 22(2), and 22(3) (sections 1 to 4). Additionally, the amendment modifies the geographical coordinates by changing the parallel from 55° 00' 00" S to 56° 00' 00" S (section 5). These changes are aimed at clarifying ownership and adjusting the spatial boundaries of the fishery management plan.
The Amendment imposes clear obligations on the parties involved. Firstly, it mandates that the term "owns" must replace "holds" in the specified sections of the Plan, ensuring that the legal language accurately reflects the ownership status of the areas involved. Secondly, it requires adherence to the new geographical coordinates provided, ensuring that the management boundaries are correctly defined and applied. These obligations are crucial for maintaining the integrity and enforceability of the management plan.
Failure to comply with the requirements of the Amendment could lead to legal repercussions. While the specific consequences are not detailed in the text provided, generally, non-compliance with fishery management plans can result in various civil and criminal penalties. These may include fines, imprisonment, or both, depending on the severity of the breach and the specific provisions of the Fisheries Management Act 1991. The exact penalties would be determined based on the nature and extent of the non-compliance, as well as any subsequent legal proceedings.