NPF Direction No. 98 - Gear Trials

Administered by Department of Agriculture

Legislation au F2006L02422 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

LEGISLATIVE INSTRUMENT

 

Issued by the Authority of the Managing Director

of the Australian Fisheries Management Authority

 

Fisheries Management Act 1991

Northern Prawn Fishery Management Plan 1995

 

Direction No. NPFD 98

Gear Trials

 

The Direction is a legislative instrument for the purposes of the Legislative Instruments Act 2003.

Subsection 17(5A) of the Fisheries Management Act 1991 (the Management Act) provides that a plan of management made under the Management Act may provide for the Australian Fisheries Management Authority (AFMA) to give particular directions for the purposes of attaining the objectives of the plan of management.  The subsection also requires that the directions be made after the consultations (if any) that are set out in the plan of management.

Section 14 of the Northern Prawn Fishery Management Plan 1995 (the Plan) allows particular holders of Statutory Fishing Rights (SFRs) granted under the Plan to take prawns, squid, scampi, bugs and scallops (target species) from the Northern Prawn Fishery (the fishery).  Subsection 14(5) of the Plan allows those holders to also take other fish (bycatch) while conducting commercial fishing activities for the target species.  This ability to take target species and bycatch is subject to directions made under section 25 of the Plan.

Subsection 25(1) of the Plan provides that AFMA may direct that fishing is not to be engaged in the fishery, or a part of the fishery, during a particular period or periods.  Section 4 of the Plan provides objectives of the Plan, including the implementation of efficient and cost effective management of the fishery.

Subsection 25(3) of the Plan provides that, before AFMA issues a direction, it must consult with the Northern Prawn Fishery Management Advisory Committee (NORMAC) about the content of the direction unless the direction is issued in circumstances of an emergency.

Section 92 of the Fisheries Administration Act 1991 provides for AFMA to delegate its powers and functions to, among others, the Managing Director of AFMA.  Subsection 17 (11) of the Management Act permits AFMA to delegate its powers to make directions (among other things) only to the Managing Director.  AFMA has delegated its power to make directions to the Managing Director.

The Fishery

The fishery extends from the northern coast of Western Australia, the coast of the Northern Territory and the coast of Queensland in the Gulf of Carpentaria, to the outer limit of the Australian fishing zone.  The fishery is for prawns and 4 major ecologically related species (namely squid, scampi, bugs and scallops).  There are 2 fishing seasons in the fishery, bounded by closures.   The area of the fishery overlaps the areas of a number of fisheries for other species that are managed by the States and the Territory.

The fishery is managed by limiting the amount of fishing effort that is employed by the persons permitted by the Plan to fish in the fishery (operators).  These limitations are known generically as input controls and are used in the fishery to address both biological and economic objectives for the fishery.   The specific types of inputs that are controlled in the fishery are the amount of fishing time (limited by closures of all or parts of the fishery), the amounts and types of fishing equipment, the number of boats in the fishery and the specifications of those boats.

Direction No. NPFD 98 makes provision for operators to carry out trials of their fishing equipment (gear trials) in particular areas that are set aside for the trials.  Fish are not targeted during gear trials and, under the Direction, the trial can be carried out prior to the commencement of the first fishing season.  The Direction contributes to the economic efficiency and cost effective administration of the fishery because it allows operators the flexibility to test their fishing gear to ensure that it is in efficient working order prior to the beginning of the fishing period without the need to seek special exemptions to the closure arrangements.

The areas in which the gear trials are permitted to be carried out were selected so as to have minimal impact on prawn stocks in the fishery while still being practical for operators.

Direction No. NPFD 98 replaces Direction No. NPFD 91 and has the effect of changing the dates in which gear trials can take place to align them with the revised dates for the fishing season.

Regulation Impact Statement

The Office of Regulation Review has advised that a Regulation Impact Statement is not mandatory on the basis that the Direction is of a minor or machinery nature and does not substantially alter existing arrangements (ID 8480).

Consultation

AFMA consulted with the Northern Prawn Fisheries Management Advisory Committee (NORMAC) prior to making the Direction and NORMAC supports the making of the Direction.

The Act does not specify any condition as needing to be met before the power to make the Direction may be exercised.

Details of the Direction are set out below:

Clause 1 Clause 1 provides for the determination to be cited as Direction No. NPFD 98.

Clause 2 Clause 2 provides for the commencement of the Direction.

Clause 3 Clause 3 states to whom the Direction applies.

Clause 4 Clause 4 sets out the period of application of this Direction.

Clause 5 Clause 5 provides for the interpretation of the Direction.  In particular, the section defines the items to which the prohibitions apply and the measurement of time for the purposes of the Direction and also adopts defined terms used in the Plan and the Act.  The note indicates that terms defined in the Management Act and the Plan have the same meaning in the Direction.

Clause 6 Clause 6 prohibits a person from fishing unless they are carrying out gear trials during the periods specified in the section and in the particular areas described in the Schedule.

Clause 7 Clause 7 prohibits a person from carrying out gear trials referred to in section 6 unless they have sought and received confirmation of authority to carry out those trials in the manner described in section 7. The section provides contact details.

Clause 8 Clause 8 provides for an exemption to sections 6 and 7 for operators who fish in accordance with another plan of management in force under the Management Act, State of Territory law applying in the area of the fishery.

Clause 9 Clause 9 revokes Direction No. NPFD 91.

The Schedule describes the areas in the fishery where gear trials may be carried out.

NPFD 98

Overview

The Fisheries Management Act 1991 was enacted to establish a framework for the management of fisheries in Australian waters, ensuring sustainable use of fishery resources. This Act was introduced to address the need for a comprehensive regulatory system that balances ecological sustainability with economic viability in the fishing industry. The Northern Prawn Fishery Management Plan 1995, which complements the Fisheries Management Act, aims to provide for efficient and cost-effective management of the Northern Prawn Fishery. This legislative instrument, Direction No. NPFD 98, issued by the Authority of the Managing Director of the Australian Fisheries Management Authority (AFMA), serves to facilitate the objectives of the Northern Prawn Fishery Management Plan by allowing authorised operators to conduct gear trials in designated areas. This allows for the testing and optimisation of fishing equipment prior to the fishing season, contributing to the overall efficiency and sustainability of the fishery. The enactment body is the Australian Parliament, with the policy objective being to support the economic efficiency and cost-effective administration of the fishery by enabling operators to trial their equipment under controlled conditions.

Scope and Application

Direction No. NPFD 98 applies to persons who are authorised to fish under the Northern Prawn Fishery Management Plan 1995 and operate within the Northern Prawn Fishery, which extends from the northern coast of Western Australia, the coast of the Northern Territory, and the coast of Queensland in the Gulf of Carpentaria to the outer limit of the Australian fishing zone. The Direction is a legislative instrument issued by the Managing Director of the Australian Fisheries Management Authority (AFMA) under the Fisheries Management Act 1991 and the Northern Prawn Fishery Management Plan 1995. It specifies that fishing is not permitted unless it is for the purpose of conducting gear trials during the periods set out in the Direction, and only in the particular areas described in the Schedule. To conduct gear trials, operators must first seek and receive confirmation of authority from AFMA. The Direction also exempts operators fishing in accordance with another plan of management in force under the Fisheries Management Act 1991 or State or Territory law applicable in the area of the fishery. The Direction revokes the previous Direction No. NPFD 91 and aligns the dates for gear trials with the revised fishing season dates. The application of the Direction is subject to consultation with the Northern Prawn Fisheries Management Advisory Committee (NORMAC), which supports the making of the Direction. The Direction does not require any specific conditions to be met before the power to make it is exercised. Its provisions include defining the scope of gear trials, the measurement of time, and terms used in the Direction, which adopt definitions from the Management Plan and the Fisheries Management Act 1991. The Direction specifies the areas where gear trials can be carried out to ensure minimal impact on prawn stocks while being practical for operators. This instrument is considered to be of minor or machinery nature, and thus, a Regulation Impact Statement is not mandatory.

Key Provisions

The primary sections of Direction No. NPFD 98, which pertains to the Northern Prawn Fishery Management Plan 1995, establish the framework for gear trials within the fishery. Section 6 specifies the prohibition of fishing activities unless they are part of approved gear trials, which can only occur during designated periods and within specific areas outlined in the schedule. Section 7 mandates that any person conducting gear trials must obtain and receive confirmation of authority to do so, providing contact details for obtaining this authorisation. These sections ensure that gear trials are conducted in a controlled and regulated manner to prevent interference with the fishery's biological and economic objectives. The obligations imposed by Direction No. NPFD 98 on the parties involved, primarily the operators within the Northern Prawn Fishery, include strict adherence to the specified periods and areas for conducting gear trials. Operators must refrain from fishing activities outside these approved parameters unless they have secured the necessary confirmation of authority from the relevant authorities. Furthermore, the requirement to consult with the Northern Prawn Fisheries Management Advisory Committee (NORMAC) before issuing any direction, unless an emergency exists, underscores the collaborative approach to managing the fishery. The Direction ensures that gear trials do not adversely impact prawn stocks and are conducted in a manner that aligns with the fishery's overall management objectives. In terms of penalties and consequences, Direction No. NPFD 98 does not explicitly outline specific penalties for breaches within its text. However, breaches of the Northern Prawn Fishery Management Plan 1995 and the Fisheries Management Act 1991, which govern the fishery, could result in various enforcement actions. These may include fines, suspension or revocation of fishing permits, and legal action. The seriousness of the breach, alongside any associated damage to the fishery or its resources, would influence the specific penalties imposed. The overarching aim is to maintain the integrity and sustainability of the fishery while allowing for necessary operational flexibility through controlled gear trials.

Legal classification tags

Area of Law
Environmental Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Licensing & Registration
Enforcement Powers
Regulatory Standards

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.