Commonwealth Numbered Regulations - Explanatory Statements

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FISHERIES MANAGEMENT AMENDMENT REGULATIONS 2001 (NO. 4) 2001 NO. 302

STATUTORY RULES 2001 No. 302

Issued by the authority of the Minister for Forestry and Conservation

Fisheries Management Act 1991

Fisheries Management Amendment Regulations 2001 (No. 4)

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. Paragraph 168(2)(e)(ii) of the Act provides that regulations may be made to effect the imposition and recovery of fees in respect of the making of applications under the Act,

Section 94 of the Act provides that the Australian Fisheries Management Authority (AFMA) may grant to a person a port permit authorising the person, or a person acting on their behalf, to bring a specified foreign fishing vessel in respect of which a foreign fishing licence is not in force, from a point outside the AFZ to a specified port in Australia and then back to the high seas. Paragraph 94(4)(d) provides that permit is authority for entry to the specified port on such number of occasions as is specified in the permit.

Regulation 21 of the Fisheries Management Regulations 1992 (the principal Regulations) provides that prescribed fees are payable in respect of the matters set out in Schedule 2. These matters include the making of an application for a fishing permit.

The purpose of the Fisheries Management Amendment Regulations (the Regulations) is to insert a new item 16 into Schedule 2 of the principal Regulations to allow for the collection of fees in relation to the making of an application for a port permit. The Commonwealth has introduced guidelines which apply generally to foreign fishing vessels seeking port access. It is anticipated that an increased number of applications for these type of permits will be received by AFMA in the future, particularly by Japanese vessels following the negotiation of arrangements between Australia and Japan in relation to fishing for Southern Bluefin Tuna.

This proposed fee is payable in two instalments. The first instalment would be payable when the application is made and has been calculated to recover costs associated with the initial processing of the application. The second instalment is payable if AFMA. decides to grant the application and has been calculated to recover the administration costs associated with finalising the application. In particular, these costs include the costs of formalising arrangements with the relevant port authorities and other regulatory bodies. The second instalment is payable for each port entry requested in the application.

In practice, it is likely that payment for both instalments will be received together upon application, but that payment for the second instalment will not be processed by AFMA unless the application is approved.

The Regulations also provide that no fee is payable for an application for a port permit in respect of a foreign fishing boat that is engaged in fisheries research activities in collaboration with, or with an authority of, the Commonwealth, a State or Territory.

Details of the Regulations, which will commence on gazettal, are set out below.

Regulation 1 provides that the Regulations are named the Fisheries Management Amendment Regulations 2001 (No. 4).

Regulation 2 provides that the Regulations commence on gazettal.

Regulation 3 provides that Schedule 1 amends the Fisheries Management Regulations.

Schedule 1 Item 1 inserts a new subregulation 21(4) which provides that no fee is payable for a port permit application for a foreign fishing vessel where that vessel is engaged in fisheries research activities in collaboration with the Commonwealth, a State or a Territory, or an authority of the Commonwealth, State or Territory.

Schedule 1 Item 2 inserts a new item 16 into Schedule 2 of the principal Regulations which sets out the fees payable upon the making of an application for a port permit.