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This is a Bill, not an Act. For current law, see the Acts databases.
FISHERIES LEGISLATION AMENDMENT (COOPERATIVE FISHERIES ARRANGEMENTS AND OTHER MATTERS) BILL 2005
2004-2005
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Fisheries Legislation Amendment
(Cooperative Fisheries Arrangements
and Other Matters) Bill 2005
No. , 2005
(Fisheries, Forestry and Conservation)
A Bill for an Act to amend the Fisheries
Management Act 1991, and for related purposes
Fisheries Legislation Amendment (Cooperative Fisheries Arrangements and Other Matters) Bill
2005 No. , 2005 ii
Contents
1 Short
title...........................................................................................1
2 Commencement.................................................................................1
3 Schedule(s) ........................................................................................2
Schedule 1--Objectives
3
Fisheries Administration Act 1991
3
Fisheries Management Act 1991
4
Schedule 2--Cooperative arrangements
6
Fisheries Administration Act 1991
6
Fisheries Management Act 1991
6
Fisheries Legislation Amendment (Cooperative Fisheries Arrangements and Other Matters) Bill
2005 No. , 2005 1
A Bill for an Act to amend the Fisheries
1
Management Act 1991, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Fisheries Legislation Amendment
5
(Cooperative Fisheries Arrangements and Other Matters) Act
6
2005.
7
2 Commencement
8
This Act commences on the day on which it receives the Royal
9
Assent.
10
2 Fisheries Legislation Amendment (Cooperative Fisheries Arrangements and Other
Matters) Bill 2005 No. , 2005
3 Schedule(s)
1
Each Act that is specified in a Schedule to this Act is amended or
2
repealed as set out in the applicable items in the Schedule
3
concerned, and any other item in a Schedule to this Act has effect
4
according to its terms.
5
Objectives Schedule 1
Fisheries Legislation Amendment (Cooperative Fisheries Arrangements and Other Matters) Bill
2005 No. , 2005 3
1
Schedule 1--Objectives
2
3
Fisheries Administration Act 1991
4
1 Subsection 4(1)
5
Insert:
6
principles of ecologically sustainable development has the
7
meaning given by section 6A.
8
2 Paragraph 6(b)
9
Omit "and the exercise of the precautionary principle", substitute
10
"(which include the exercise of the precautionary principle)".
11
3 Paragraph 6(c)
12
Repeal the paragraph, substitute:
13
(c) maximising the net economic returns to the Australian
14
community from the management of Australian fisheries; and
15
4 After section 6
16
Insert:
17
6A Principles of ecologically sustainable development
18
The following principles are principles of ecologically sustainable
19
development:
20
(a) decision-making processes should effectively integrate both
21
long-term and short-term economic, environmental, social
22
and equity considerations;
23
(b) if there are threats of serious or irreversible environmental
24
damage, lack of full scientific certainty should not be used as
25
a reason for postponing measures to prevent environmental
26
degradation;
27
(c) the principle of inter-generational equity--that the present
28
generation should ensure that the health, diversity and
29
productivity of the environment is maintained or enhanced
30
for the benefit of future generations;
31
Schedule 1 Objectives
4 Fisheries Legislation Amendment (Cooperative Fisheries Arrangements and Other
Matters) Bill 2005 No. , 2005
(d) the conservation of biological diversity and ecological
1
integrity should be a fundamental consideration in
2
decision-making;
3
(e) improved valuation, pricing and incentive mechanisms
4
should be promoted.
5
Fisheries Management Act 1991
6
5 Paragraph 3(1)(b)
7
Omit "and the exercise of the precautionary principle", substitute
8
"(which include the exercise of the precautionary principle)".
9
6 Paragraph 3(1)(c)
10
Repeal the paragraph, substitute:
11
(c) maximising the net economic returns to the Australian
12
community from the management of Australian fisheries; and
13
7 After section 3
14
Insert:
15
3A Principles of ecologically sustainable development
16
The following principles are principles of ecologically sustainable
17
development:
18
(a) decision-making processes should effectively integrate both
19
long-term and short-term economic, environmental, social
20
and equity considerations;
21
(b) if there are threats of serious or irreversible environmental
22
damage, lack of full scientific certainty should not be used as
23
a reason for postponing measures to prevent environmental
24
degradation;
25
(c) the principle of inter-generational equity--that the present
26
generation should ensure that the health, diversity and
27
productivity of the environment is maintained or enhanced
28
for the benefit of future generations;
29
(d) the conservation of biological diversity and ecological
30
integrity should be a fundamental consideration in
31
decision-making;
32
Objectives Schedule 1
Fisheries Legislation Amendment (Cooperative Fisheries Arrangements and Other Matters) Bill
2005 No. , 2005 5
(e) improved valuation, pricing and incentive mechanisms
1
should be promoted.
2
8 Subsection 4(1)
3
Insert:
4
principles of ecologically sustainable development has the
5
meaning given by section 3A.
6
Schedule 2 Cooperative arrangements
6 Fisheries Legislation Amendment (Cooperative Fisheries Arrangements and Other
Matters) Bill 2005 No. , 2005
1
Schedule 2--Cooperative arrangements
2
3
Fisheries Administration Act 1991
4
1 At the end of section 4
5
Add:
6
(3) If an arrangement under Division 3 of Part 5 of the Fisheries
7
Management Act 1991 is varied, a reference in this Act to the
8
arrangement is a reference to the arrangement as varied.
9
2 Subsection 91(5)
10
Repeal the subsection, substitute:
11
(5) If, in respect of a fishery, there is in force an arrangement under
12
Division 3 of Part 5 of the Fisheries Management Act 1991 under
13
which:
14
(a) a Joint Authority has the management of the fishery; and
15
(b) the fishery, or a part of the fishery identified in the
16
arrangement, is to be managed in accordance with the law of
17
the Commonwealth;
18
references in this section to the Minister are taken, in relation to the
19
fishery or the part of the fishery, to be references to the Joint
20
Authority.
21
Fisheries Management Act 1991
22
3 At the end of section 4
23
Add:
24
(8) If an arrangement under Division 3 of Part 5 is varied, a reference
25
in this Act to the arrangement is a reference to the arrangement as
26
varied.
27
4 Subsection 45(1)
28
Omit "or a Joint Authority managing a fishery in accordance with the
29
law of the Commonwealth", substitute ", or a Joint Authority managing
30
a fishery that is (or part of which is) managed in accordance with the
31
law of the Commonwealth,".
32
Cooperative arrangements Schedule 2
Fisheries Legislation Amendment (Cooperative Fisheries Arrangements and Other Matters) Bill
2005 No. , 2005 7
5 Subsection 60(2)
1
After "this Part" (first occurring), insert ", including the Minister's
2
functions and powers".
3
6 Subsections 71(2) and (3)
4
Repeal the subsections, substitute:
5
(2) An arrangement with only one State must provide that:
6
(a) the fishery is to be managed in accordance with the law of
7
the Commonwealth; or
8
(b) the fishery is to be managed in accordance with the law of
9
the State; or
10
(c) the fishery is to be managed in accordance with the law of
11
the Commonwealth and the law of the State.
12
(3) An arrangement with 2 or more States must provide that:
13
(a) the fishery is to be managed in accordance with the law of
14
the Commonwealth; or
15
(b) the fishery is to be managed in accordance with the law of
16
one or more of the States concerned; or
17
(c) the fishery is to be managed in accordance with the law of
18
the Commonwealth and the law of one or more of the States
19
concerned.
20
(4) An arrangement that provides that a fishery is to be managed in
21
accordance with the law of more than one jurisdiction must
22
identify, by reference to areas that do not overlap, the parts of the
23
fishery that are to be managed in accordance with each law.
24
(5) If, under an arrangement:
25
(a) a fishery is to be managed in accordance with the law of a
26
State; or
27
(b) a part of a fishery is to be managed in accordance with the
28
law of a State;
29
the arrangement may, if required by the Commonwealth, provide
30
for giving effect to Australia's obligations under international law
31
(including international agreements) in relation to the fishery or
32
part of the fishery.
33
7 Section 72
34
Schedule 2 Cooperative arrangements
8 Fisheries Legislation Amendment (Cooperative Fisheries Arrangements and Other
Matters) Bill 2005 No. , 2005
Before "The", insert "(1)".
1
8 At the end of section 72
2
Add:
3
(2) If, under an arrangement, a fishery is to be managed in accordance
4
with the law of a State, the arrangement may, if required by the
5
Commonwealth, provide for giving effect to Australia's obligations
6
under international law (including international agreements) in
7
relation to the fishery.
8
9 Subsection 74(1)
9
Repeal the subsection, substitute:
10
(1) An arrangement under this Division is to be made by instrument
11
approved by:
12
(a) the Commonwealth Minister on behalf of the
13
Commonwealth; and
14
(b) the appropriate Minister or Ministers of the State or States
15
concerned.
16
10 At the end of section 74
17
Add:
18
(4) An instrument approved under subsection (1) is not a legislative
19
instrument.
20
11 After section 74
21
Insert:
22
74A Arrangements--how varied etc.
23
(1) An arrangement under this Division is to be varied by instrument
24
approved by:
25
(a) the Commonwealth Minister on behalf of the
26
Commonwealth; and
27
(b) the appropriate Minister or Ministers of the State or States
28
concerned.
29
(2) The Commonwealth Minister must cause a copy of every
30
instrument so approved to be published in the Gazette, and the
31
Cooperative arrangements Schedule 2
Fisheries Legislation Amendment (Cooperative Fisheries Arrangements and Other Matters) Bill
2005 No. , 2005 9
instrument takes effect on the date of publication or on a later date
1
specified in the instrument.
2
(3) Subject to the requirements of section 23, after an arrangement
3
under this Division has been varied but before the variation takes
4
effect, the following things may be done for the purposes of the
5
operation of this Act as affected by the variation as if the variation
6
had taken effect:
7
(a) plans of management, permits or other instruments may be
8
determined, granted or executed;
9
(b) fishing rights may be granted;
10
but such a plan, instrument or right does not have effect before the
11
variation takes effect.
12
(4) Upon the variation of an arrangement under this Division:
13
(a) plans of management, fishing permits, scientific permits and
14
other instruments determined, granted, executed or
15
published; and
16
(b) statutory fishing rights granted;
17
for the purposes of the operation of this Act as affected by the
18
variation cease to have effect to the extent (if any) they are
19
inconsistent with the arrangement as varied.
20
(5) An instrument approved under subsection (1) is not a legislative
21
instrument.
22
12 Subsection 75(1)
23
Repeal the subsection, substitute:
24
(1) An arrangement under this Division may be terminated by
25
instrument approved by:
26
(a) the Commonwealth Minister on behalf of the
27
Commonwealth; and
28
(b) the appropriate Minister or Ministers of the State or States
29
concerned.
30
13 Paragraph 75(3)(a)
31
Omit "Governor-General", substitute "Commonwealth Minister".
32
14 Paragraph 75(3)(b)
33
Schedule 2 Cooperative arrangements
10 Fisheries Legislation Amendment (Cooperative Fisheries Arrangements and Other
Matters) Bill 2005 No. , 2005
Omit "Governor of the State", substitute " appropriate Minister of the
1
State".
2
15 At the end of section 75
3
Add:
4
(9) An instrument approved under subsection (1) is not a legislative
5
instrument.
6
16 Section 76
7
Before "Where", insert" (1)".
8
17 At the end of section 76
9
Add:
10
(2) If an arrangement under this Division provides that:
11
(a) a part of a fishery is to be managed in accordance with the
12
law of the Commonwealth; and
13
(b) that part of the fishery is so identified that it is, or may be,
14
carried on partly within the coastal waters of a State;
15
the coastal waters of that State are taken to be in the AFZ for the
16
purposes of the application of this Act in relation to that part of the
17
fishery.
18
18 Section 77
19
Repeal the section, substitute:
20
77 Exclusion of this Act (except this Division)
21
If an arrangement under this Division provides that:
22
(a) a particular fishery is to be managed in accordance with the
23
law of a State; or
24
(b) a part of a particular fishery is to be managed in accordance
25
with the law of a State;
26
this Act, other than this Division, does not apply in relation to that
27
fishery, or that part of the fishery, except in relation to:
28
(c) foreign boats; and
29
(d) operations on and from foreign boats; and
30
(e) persons on foreign boats; and
31
(f) matters that occurred before the arrangement took effect.
32
Cooperative arrangements Schedule 2
Fisheries Legislation Amendment (Cooperative Fisheries Arrangements and Other Matters) Bill
2005 No. , 2005 11
19 Section 78
1
Before "If", insert "(1)".
2
20 At the end of section 78
3
Add:
4
(2)
If:
5
(a) an arrangement is in force under this Division under which a
6
Joint Authority has the management of a fishery; and
7
(b) a part of the fishery is to be managed in accordance with the
8
law of the Commonwealth;
9
then:
10
(c) AFMA has the same powers in relation to the part of the
11
fishery as it would have if the part of the fishery were under
12
the management of AFMA; and
13
(d) references in sections 18 and 20 to the Minister are taken, in
14
relation to the part of the fishery, to be references to the Joint
15
Authority.
16
21 Section 163
17
Omit "and 20", substitute ", 20, 74, 74A and 75".
18
22 Savings and application provision
19
(1)
Subject to subitem (2), an arrangement in force under section 71 or 72
20
of the Fisheries Management Act 1991 immediately before the
21
commencement of this item:
22
(a) continues in force after that commencement as if it had been
23
made under section 71 or 72 (as the case may be) of that Act
24
as amended by this Act; and
25
(b) may be varied or terminated in the same way as an
26
arrangement made under that section after that
27
commencement may be varied or terminated.
28
(2)
The amendments made by this Schedule do not start to apply to a
29
participating State until the day specified, in relation to the State, in a
30
notice referred to in subitem (5).
31
(3)
For the purposes of this item, a State is a participating State if there is a
32
declaration in force under subitem (4) in relation to the State.
33
Schedule 2 Cooperative arrangements
12 Fisheries Legislation Amendment (Cooperative Fisheries Arrangements and Other
Matters) Bill 2005 No. , 2005
(4)
The Minister may, in writing, declare in relation to a State that a law of
1
the State corresponds to Division 3 of Part 5 of the Fisheries
2
Management Act 1991.
3
(5)
The Minister must announce by notice in the Gazette the day on which
4
the amendments made by this Schedule start to apply in relation to a
5
participating State specified in the notice.
6
(6)
A declaration under subitem (4) is not a legislative instrument.
7
(7)
A notice under subitem (5) is not a legislative instrument.
8