Commonwealth Numbered Regulations - Explanatory Statements

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FISHERIES MANAGEMENT REGULATIONS (AMENDMENT) 1996 NO. 317

STATUTORY RULES 1996 No. 317

Issued by the authority of the Minister for Resources and Energy

Fisheries Management Act 1991

Fisheries Management Regulations (Amendment)

Subsection 168(1) of the Fisheries Management Act 1991 (the Act) empowers the GovernorGeneral 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. Subparagraph 168(2)(e)(ii) provides that regulations may be made for the imposition and recovery of fees in respect of the making of applications under the Act. Paragraph 168(2)(p) provides that regulations may be made prescribing short methods of reference to areas of the Australian Fishing Zone specified in the regulations and the purposes for which those methods of reference may be used. The Fisheries Management Regulations (the principal Regulations) prescribe matters in support of the Act.

The Fisheries Management Regulations (Amendment) (the Regulations) amend the principal Regulations to deal with 4 matters:

*       The first matter is the inclusion of definitions of fisheries managed by the Australian Fisheries Management Authority (AFMA) on behalf of the Commonwealth, for which plans of management have not yet been determined. The defined terms are used in the Fishing Levy (All Fisheries) Regulations (the levy Regulations), and would also enable consistent references to these fisheries to be made in future legislation.

*       The second matter is the making of amendments to the principal Regulations to take account of the levy Regulations.

*       The third matter is to omit a fee in relation to the Southern Shark Fishery which is no longer applicable.

*       The fourth matter is to omit from a schedule of fees in the principal Regulations references to licences granted under the Fisheries Act 1952, which ceased to have effect at the end of 2 February 1995.

The proposed Regulations also correct a typographical error detected in the principal Regulations.

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

Regulation 1 provides that the Regulations amend the principal Regulations.

Regulation 2 inserts a new subregulation 3(3) into the principal Regulations, which specifies the meaning to be ascribed to references to a fishery in the Regulations.

Regulation 3 inserts a new Part 2B into the principal Regulations, which defines certain fisheries and sectors of fisheries for which plans of management have not yet been determined.

*       New regulation 4B defines 13 fisheries by reference to an area of waters defined in Schedule 1A.

*       New regulation 4C defines the sectors into which the Eastern Tuna and Billfish Fishery is divided.

*       New regulation 4D defines the sectors into which the South East Trawl Fishery is divided.

*       New regulation 4E defines an area of the Southern Tuna and Billfish Fishery, known as Zone Z, by reference to an area of waters defined in Schedule 1 A.

Regulation 4 amends regulation 10B of the principal Regulations by omitting definitions which have become superfluous, amending other definitions and altering references to fisheries, all of which are necessary to take account of the making of the levy Regulations.

Regulation 5 omits regulation 21 of the principal Regulations, which prescribes matters relating to fees, and replaces it with a revised regulation from which references to special application fees relating to the Southern Shark Fishery have been deleted.

Regulation 6 inserts Schedule 1A into the principal Regulations in which the area of each of the fisheries and sectors of fisheries defined in Part 2B of the principal Regulations are listed.

Regulation 7 amends the heading of Schedule 1 to the principal Regulations.

Regulation 8 omits Schedule 2 to the principal Regulations and replaces it with a new Schedule 2 which no longer includes references to applications under the Fisheries Act 1952.