Commonwealth Numbered Regulations - Explanatory Statements

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FISHERIES MANAGEMENT AMENDMENT REGULATIONS 2001 (NO. 2) 2001 NO. 22

STATUTORY RULES 2001 No. 22

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

Fisheries Management Act 1991

Fisheries Management Amendment Regulations 2001 (No. 2)

Subsection 168(1) 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.

Section 42 of the Act provides that regulations may require the holders of a fishing concession to record and furnish returns containing, information in relation to the taking, sale, disposal, carrying, transhipping or processing of fish.

Part 9 of the Fisheries Management Regulations 1992 (the principal Regulations) deals with logbooks. It sets out criteria for the form in which the Australian Fisheries Management Authority (AFMA) may publish logbooks, and the information that may be collected in those logbooks. AFMA may also. in accordance with the procedures set out in Part 9, determine who is to use a particular logbook and how it is to be provided to AFMA.

Regulation 32 of the principal Regulations provides that AFMA may determine that a logbook be used in a fishery and sets out how that determination is to be made. Subregulation 32(2) provides that if a determination is made in relation to a form of logbook, that logbook must be used in relation to a boat that is taking the kind of fish in the area, or engaging in the activity to take the kind of fish in the area.

The Fisheries Management Amendment Regulations (the Regulations) amend Regulation 32 of the principal Regulations to streamline the procedures for publicly notifying the making of a determination under Part 9. The Regulations provide AFMA with the option of notifying operators of the determination of a new form of logbook by post rather than newspaper advertisement, which will be less costly and more effective for some small fisheries. The Regulations also provide - that if a logbook determination is to be published in a newspaper, a notification of the making of the determination, rather than the entire determination itself, may be published.

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

Regulation 1 provides that the Regulations are named the Fisheries Management Amendment Regulations 2001 (No. 2).

Regulation 2 provides that the Regulations commence on gazettal.

Regulation 3 provides that Schedule 1 amends the Principal Regulations.

Schedule 1 Item 1 substitutes new subregulations 32(5) and 32(6) that amend the notification procedures relating to the making of a logbook determination.