FISHERIES LEGISLATION AMENDMENT BILL (NO. 2) 2010

i Fisheries Legislation Amendment Bill (No. 2) 2010 No. , 2010

Contents

1 Short

title

...........................................................................................

2 Commencement

.................................................................................

3 Schedule(s)

........................................................................................

Schedule 1--Amendment of the Fisheries Administration Act

1991

Schedule 2--Amendment of the Fishing Levy Act 1991

Schedule 3--Amendment of the Fisheries Management Act

1991

Fisheries Legislation Amendment Bill (No. 2) 2010 No. , 2010 1

A Bill for an Act to amend various Acts relating to

fisheries, and for related purposes

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Fisheries Legislation Amendment Act

(No. 2) 2010.

2 Commencement

(1) Each provision of this Act specified in column 1 of the table

commences, or is taken to have commenced, in accordance with

column 2 of the table. Any other statement in column 2 has effect

according to its terms.

2 Fisheries Legislation Amendment Bill (No. 2) 2010 No. , 2010

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 to 3

and anything in

this Act not

elsewhere covered

by this table

The day this Act receives the Royal Assent.

2. Schedules 1, 2

and 3

The 28th day after this Act receives the

Royal Assent.

Note:

This table relates only to the provisions of this Act as originally

passed by both Houses of the Parliament and assented to. It will not be

expanded to deal with provisions inserted in this Act after assent.

(2) Column 3 of the table contains additional information that is not

part of this Act. Information in this column may be added to or

edited in any published version of this Act.

3 Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or

repealed as set out in the applicable items in the Schedule

concerned, and any other item in a Schedule to this Act has effect

according to its terms.

Amendment of the Fisheries Administration Act 1991 Schedule 1

Fisheries Legislation Amendment Bill (No. 2) 2010 No. , 2010 3

Schedule 1--Amendment of the Fisheries

Administration Act 1991

1 Subsection 4(1)

Insert:

co-management arrangement has the meaning given in section 88.

2 Subsection 4(1)

Insert:

primary stakeholder in relation to a fishery means:

(a) the holder of a fishing concession in the fishery; or

(b) an incorporated body that represents those holders (including

a peak body, for example); or

3 Paragraph 7(1)(g)

Repeal the paragraph, substitute:

(fa) to consult and exchange information with an entity in a State,

Territory or foreign country that has similar functions to the

Authority's functions;

(g) to make its expertise in fisheries management available to the

following entities (including by providing information

technology, services or technical experts, for example):

(i) an entity in the Commonwealth, a State, a Territory or a

foreign country;

(ii)

another

person;

4 Section 54

Omit ", subject to subsection 56(4),".

5 Subsection 56(4)

Repeal the subsection.

6 After section 87

Insert:

Schedule 1 Amendment of the Fisheries Administration Act 1991

4 Fisheries Legislation Amendment Bill (No. 2) 2010 No. , 2010

88 Co-management arrangements

The Authority may enter into an arrangement (a co-management

arrangement) with stakeholders in a fishery under which the

stakeholders assist the Authority to perform the Authority's

functions and powers for the sustainable management of the

fishery.

7 After paragraph 93(1)(e)

Insert:

or (f) a primary stakeholder under a co-management arrangement;

Amendment of the Fishing Levy Act 1991 Schedule 2

Fisheries Legislation Amendment Bill (No. 2) 2010 No. , 2010 5

Schedule 2--Amendment of the Fishing Levy

Act 1991

1 Section 7

Before "Levy", insert "(1)".

2 At the end of section 7

Add:

(2) In this section, holder of a fishing concession means:

(a) the person to whom the fishing concession was granted; or

(b) if the fishing concession has been transferred--the person to

whom the fishing concession was last transferred.

Schedule 3 Amendment of the Fisheries Management Act 1991

6 Fisheries Legislation Amendment Bill (No. 2) 2010 No. , 2010

Schedule 3--Amendment of the Fisheries

Management Act 1991

1 Subsection 4(1)

Insert:

holder of a licence, permit or right:

(a)

means:

(i) the person to whom the licence, permit or right was

granted; or

(ii) if the permit or right has been transferred--the person to

whom the permit or right was last transferred; and

(b) in the case of a statutory fishing right that is leased to another

person by a lease registered under section 46--includes the

lessee of the statutory fishing right.

2 Subsection 4(1)

Insert:

primary stakeholder has the meaning given in the Fisheries

Administration Act 1991.

3 Subsection 17(5)

Omit "is to set out", substitute "may set out".

4 Subsections 17(5A) and (5B)

Repeal the subsections.

5 Subsection 17(6B)

Repeal the subsection, substitute:

(6B) A determination made by AFMA under paragraph (6)(aa) is a

legislative instrument.

6 Subsection 17(11)

Repeal the subsection, substitute:

Amendment of the Fisheries Management Act 1991 Schedule 3

Fisheries Legislation Amendment Bill (No. 2) 2010 No. , 2010 7

(11) AFMA may, by writing under its common seal, delegate any

powers conferred on it under a plan of management for a fishery in

accordance with paragraph (6)(aa) to:

(a) the CEO; or

(b) a primary stakeholder who is to assist AFMA to manage the

fishery under a co-management arrangement (within the

meaning of the Fisheries Administration Act 1991).

7 Subsections 19(2) and (3)

Repeal the subsections.

8 At the end of section 20

Add:

(6) However, subsection (2) of this section, subsections 17(1B) to (4),

and sections 18 and 19 do not apply to an amendment of a plan of

management that merely:

(a) corrects an error in the plan (including a factual,

grammatical, mapping or typographical error, for example);

(b) changes the format or presentation of the plan; or

(i) this or another Act; or

(ii) the regulations; or

(d) removes conditions from the plan if conditions for the plan's

fishery about the same subject matter have been prescribed in

the regulations, whether or not the conditions are in the same

terms.

(7) Also, subsections 17(1B) to (4) and section 19 do not apply to an

amendment of a plan of management to remove a provision from

the plan if, within 1 year before the proposed amendment is to take

effect, the following entities have been given at least 28 days

written notice of the proposed amendment:

(a) if there is a management advisory committee for the plan's

fishery--the management advisory committee;

(b) if a peak body represents the holders of statutory fishing

rights under the plan--the peak body;

Schedule 3 Amendment of the Fisheries Management Act 1991

8 Fisheries Legislation Amendment Bill (No. 2) 2010 No. , 2010

body--the holders of the licences, permits or rights for the

fishery.

(8) However, section 18 applies to an amendment mentioned in

subsection (7) in the same way as section 18 applies to a plan of

management.

9 Subsections 41A(1) and (2)

Repeal the subsections, substitute:

(1) This section applies to a fishery in respect of which fishing

concessions, scientific permits or foreign master fishing licences

are in force.

(2) If, after consultation with:

(a) the management advisory committee for the fishery; or

(b) if there is no management advisory committee for the

fishery--the holders of fishing concessions, scientific permits

or foreign master fishing licences for the fishery;

AFMA may direct that fishing not be engaged in any part of the

fishery, or in a particular part of the fishery, during a period or

periods specified in the direction.

(2A) At least 7 days before the direction takes effect, AFMA must tell

the holders of the fishing concessions, scientific permits or foreign

master fishing licences, in writing, about the direction.

(2B) However, if a direction is given in an emergency:

(a) subsection (2A) does not apply; and

(b) AFMA must tell the holders of the fishing concessions,

scientific permits or foreign master fishing licences, in

writing, about the direction as soon as it can practicably do

so.

(2C) AFMA may, by writing under its common seal, delegate the power

to give a direction under subsection (2) to:

(a) the CEO; or

(b) a primary stakeholder who is to assist AFMA to manage the

fishery under a co-management arrangement (within the

meaning of the Fisheries Administration Act 1991).

Amendment of the Fisheries Management Act 1991 Schedule 3

Fisheries Legislation Amendment Bill (No. 2) 2010 No. , 2010 9

10 After section 42A

Insert:

42B Regulation-making power for conditions

(1) The regulations may prescribe conditions that apply to fishing

concessions or foreign master fishing licences.

(2) A provision of a plan of management has no effect to the extent

that it is inconsistent with regulations made for the purposes of this

section.

11 Paragraph 57H(1)(a)

Omit "person to whom the permit is granted", substitute "holder of the

permit".

Commonwealth of Australia Bills

FISHERIES LEGISLATION AMENDMENT BILL (NO. 2) 2010