Commonwealth Numbered Regulations - Explanatory Statements

[Index] [Search] [Download] [Related Items] [Help]

FISHERIES MANAGEMENT AMENDMENT REGULATIONS 2002 (NO. 3) 2002 NO. 157

STATUTORY RULES 2002 No. 157

Issued by the authority of the Minister for Forestry and Conservation

Fisheries Management Act 1991

Fisheries Management Amendment Regulations 2002 (No. 3)

Subsection 168(1) of the Fisheries Management Act 1991 (the Act) provides that the Governor-General may make regulations for the purposes of the Act. 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.

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 principal Regulations. These matters include the making of an application of a fishing permit in respect of the Macquarie Island Fishery and the Heard Island and McDonald Islands Fishery, and the making of an application for a fishing permit for an informally managed fishery.

The purpose of the Regulations is to remove the application fee for a fishing permit for the Macquarie Island Fishery and the Heard Island and McDonald Islands Fishery, and to impose an application fee for a fishing permit for an informally managed fishery within certain Antarctic waters.

Separate application fees were set in relation to the Macquarie Island Fishery and the Heard Island and McDonald Islands Fishery as the process for assessing the initial applications for permits in these fisheries was more complicated than in other fisheries. This process was essential to ensure that applications were thoroughly assessed against the vessel safety requirements for the subAntarctic waters and to ensure Australia's requirements under the Convention for the Conservation of Antarctic Marine Living Resources (CCAMLR) were met. These costs were only associated with the initial application process and do not need to be recovered in the future.

An application fee of $1000 will be imposed for applications for permits for new and exploratory fisheries within the area of waters south of the line deemed to be the Antarctic Convergence. This line is described in Article 1, clause 4 of CCAMLR. This fee has been calculated on the basis of the costs of assessing each application against Australia's requirements under CCAMLR.

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. 3).

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 for Antarctic Convergence by reference to the line deemed to be the Antarctic Convergence in Article 1, clause 4 of CCAMLR.

Schedule 1 Item 2 omits items 1A and 1B of Schedule 2.

Schedule 1 Item 3 imposes a new fee for applications for the grant of a fishing permit for an informally managed fishery that is in the area of waters south of the Antarctic Convergence.