Commonwealth Numbered Regulations - Explanatory Statements

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FISHERIES MANAGEMENT (EASTERN TUNA AND BILLFISH FISHERY) AMENDMENT REGULATIONS 2011 (NO. 1) (SLI NO 7 OF 2011)

EXPLANATORY STATEMENT

Select Legislative Instrument 2011 No. 7

Issued by the authority of the Parliamentary Secretary for Agriculture, Fisheries and Forestry

Fisheries Management Act 1991

Fisheries Management (Eastern Tuna and Billfish Fishery) Amendment Regulations 2011 (No. 1)

Subsection 168(1) of the Fisheries Management Act 1991 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed, in carrying out or giving effect to the Act.

The Regulations make minor amendments to the Fisheries Management (Eastern Tuna and Billfish Fishery) Regulations 2009 (the Principal Regulations) to remove one obsolete provision and update one reference.

Under the Eastern Tuna and Billfish Fishery Management Plan 2005 (the 2005 Management Plan), the 'fishing season' was prescribed in the Principal Regulations.

Regulation 5 provided that the 'fishing season' was from 1 November 2009 to 28 February 2011 with each subsequent period starting on 1 March in a year and ending at the end of the last day of February in the following year.

However, the 2005 Management Plan was revoked and replaced by the Eastern Tuna and Billfish Fishery Management Plan 2010 (the 2010 Management Plan) on 22 January 2011. Part 1.3 of the 2010 Management Plan provides that 'fishing season' means the period determined by the Australian Fisheries Management Authority (AFMA). 

The Regulations therefore amends the Principal Regulations by omitting regulation 5, which defined the 'fishing season' for the purposes of the 2005 Management Plan. The Regulations also substitute the definition of 'Management Plan' in the Principal Regulations, to provide that 'Management Plan' means the 'Eastern Tuna and Billfish Fishery Management Plan 2010'.

Consultation

As the purpose of the Regulations was to make necessary changes to the Principal Regulations that were consequential upon the revocation of the 2005 Management Plan, AFMA did not consult specifically on the Regulations. It did consult widely with industry, and with the Management Advisory Committee for the fishery established under section 56 of the Fisheries Administration Act 1991, on the revocation of the 2005 Management Plan and its replacement with the 2010 Management Plan.

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