Commonwealth Numbered Regulations - Explanatory Statements

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FISHERIES MANAGEMENT (NORTHERN PRAWN FISHERY) REGULATIONS 1995 NO. 12

STATUTORY RULES 1995 No. 12

Issued by the authority of the Minister for Resources

Fisheries Management Act 1991

Fisheries Management (Northern Prawn Fishery) Regulations

Subsection 168 (1) of the Fisheries Management Act 1991 (the Act) empowers the Governor-General to make, among other things, regulations required or permitted by the Act to be prescribed.

Section 45 of the Act creates the Register of Statutory Fishing Rights (the Register). Subsection 45 (1) of the Act provides for registration of statutory fishing rights granted by, among others, the Australian Fisheries Management Authority (AFMA). The subsection provides that registration of a statutory fishing right is effected by entering in the Register the particulars of the statutory fishing right that are set out in subsection 45 (1) as well as any other particulars that are prescribed in Regulations.

Section 17 of the Act provides for the making of plans of management for fisheries. AFMA has made the Northern Prawn Fishery Management Plan 1995 (the Plan), for the Northern Prawn Fishery (the fishery). The Plan provides for the management of the fishery under a scheme of statutory fishing rights.

The Fisheries Management (Northern Prawn Fishery) Management Regulations complement the Plan by prescribing particulars of the statutory fishing rights that must be entered on the Register.

The particulars prescribed in the Regulations relate to:

•       details of the statutory fishing rights that AFMA intends to grant for the fishery, which are not described in subsection 45 (1) of the Act;

•       details of the owners and holders of those statutory fishing rights; and

•       characteristics of boats that may be nominated as the boat to be used in the fishery under those statutory fishing rights.

Details of the Regulations, which commenced on gazettal, are:

Regulation 1 provides that the Regulations may be cited as the Fisheries Management (Northern Prawn Fishery) Regulations.

Regulation 2 sets out the interpretations and definitions in the Regulations. In particular, if terms are used in the Act or the draft plan, then they have the same meaning in the draft Regulations.

Regulation 3 sets out the particulars of SFRs granted for the fishery, that must be included on the Register, in addition to those listed in paragraphs 45(1)(a) to (e) inclusive of the Act.