Commonwealth Numbered Regulations - Explanatory Statements

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FISHERIES MANAGEMENT AMENDMENT REGULATIONS 1999 (NO. 4) 1999 NO. 285

STATUTORY RULES 1999 No. 285

Issued by the authority of the Minister for Agriculture, Fisheries and Forestry

Fisheries Management Act 1991

Fisheries Management Amendment Regulations 1999 (No. 4)

Section 168 of the Fisheries Management Act 1991 (the Act) empowers the Governor-General to make regulations required or permitted by the Act to be prescribed and regulations necessary or convenient to be prescribed in carrying out or giving effect to the Act.

Subsection 168(2)(h) allows regulations to be made providing for the marking of boats engaged in commercial fishing in the Australian Fishing Zone (AFZ) and of nets, traps and other equipment for taking fish. The principal Regulations specify the alpha-numeric combinations that can be issued as identification codes for boats with particular fishing concessions.

Subsection 168(2)(p) specifies that regulations may be made prescribing short methods of reference to areas of the AFZ specified in the regulations and the purposes for which those methods of reference may be used. Regulation 4B of the Fisheries Management Regulations (the principal Regulations) describe the area of the fisheries managed by the Australian Fisheries Management Authority (AFMA) other than those fisheries managed under a Management Plan.

The Fisheries Management Amendment Regulations will amend the principal Regulations in three ways:

*       The principal Regulations described the South East Trawl Fishery. This fishery is now managed under the South East Trawl Fishery Management Plan 1998. Therefore, the reference and description of this fishery has been omitted from the principal Regulations, and a note referring to the South East Trawl Fishery Management Plan 1998 has been inserted.

*       The principal Regulations provided that AFMA must allocate an identification code to a boat in the form of a letter or letters. However, this prevented AFMA allocating identification codes that are consistent with relevant (and pre-existing) State identification codes. The amending regulations will allow the allocation of an identification code in the form of a letter or letters, and may include a number or numbers, to achieve the flexibility required for AFMA to issue codes that are consistent with various State codes.

*       The principal Regulations contained some minor typographical and cross-referencing errors that the amending regulations correct.

Details of the Regulations, which commenced on gazettal, are set out below:

Regulation 1 provides for the Regulations to be cited as the Fisheries Management Amendment Regulations 1999.

Regulation 2 provides that the Regulations commence on gazettal.

Regulation 3 provides that Schedule 1 amends the principal Regulations.

Schedule 1 Item 1 omits the reference to the South East Trawl Fishery in Regulation 4B of the principal Regulations.

Schedule 1 Item 2 & Item 3 inserts a new note referring to the South East Trawl Management Plan 1998.

Schedule 1 Item 4 amends the principal Regulations to provide that an identification code may include a number or numbers.

Schedule 1 Item 5 amends paragraph 40(1)(d)(i) of the principal Regulations to remove two words that are repeated unnecessarily.

Schedule 1 Item 6 omits the description of the area of the South East Trawl Fishery in Schedule 1A.

Schedule 1 Item 7 renumbers a misnumbered Part in Schedule 2.