Commonwealth Numbered Regulations - Explanatory Statements

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FISHERIES MANAGEMENT AMENDMENT REGULATIONS 2002 (NO. 2) 2002 NO. 27

STATUTORY RULES 2002 No. 27

Issued by the authority of the Minister for Forestry and Conservation

Fisheries Management Act 1991

Fisheries Management Amendment Regulations 2002 (No. 2)

Subsection 168(1) of the Fisheries Management Act 1991 (the Act) empowers the Governor-General to make regulations. Paragraph 168(2)(e)(ii) provides that regulations may be made to effect the imposition and recovery of fees in respect of the making of applications under the Act. Paragraph 168(2)(e)(iiia) provides that regulations may be made to effect the imposition and recovery of fees in respect of the giving of a notice to the Australian Fisheries Management Authority (AFMA.) nominating an Australian boat under paragraph 32(1A)(b) or subsection 32(1B).

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 to the Regulations. These matters include the making of an application for a fishing permit for an informally managed fishery, and the nomination of an Australian boat on a fishing permit.

The Fisheries Management Amendment Regulations (the Regulations) have two purposes. The first is to create a new fee for the making of an application for the grant of a fishing permit for an informally managed fishery that is outside the Australian fishing zone (AFZ). This fee of $400 has been calculated on the basis of the administrative costs that will be incurred in processing applications.

The second purpose of the Regulations is to amend items 14 and 15 of Schedule 2 of the principal Regulations to provide that only one $300 fee is payable when two or more boat nominations are changed when those permits are part of the same permit package.

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

Regulation 1 provides for the Regulations to be cited as the Fisheries Management Amendment Regulations 2002 (No. 2).

Regulation 2 provides that the Regulations commence on gazettal.

Regulation 3 provides that Schedule 1 amends the principal Regulations.

Schedule 1 Item 1 inserts a definition of "permit package" in Schedule 2.

Schedule 1 Item 2 inserts a new item 8A in Schedule 2 to impose a $400 application fee for the grant of fishing permit for an informally managed fishery that is outside the Australian fishing zone.

Schedule 1 Item 3 substitutes new items 14 and 15 in the Schedule to provide that only one $300 fee is payable when two or more boat nominations are changed when those permits are part of the same permit package.