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Fisheries Amendment Bill 2007
Introduction Print
EXPLANATORY MEMORANDUM
Clause Notes
Clause 1 sets out the purpose of the Bill.
Clause 2 provides that the Bill (except clauses 3(2), 7, 8 and 9(2)) comes
into operation on the day after the day on which it receives the
Royal Assent.
Clauses 3(2), 7, 8 and 9(2) of the Bill come into operation on a
day to be proclaimed, but no later than 1 April 2009. The period
allowed is necessary to allow time to make regulations to support
amendments made by the Bill and the date coincides with the
renewal of commercial fishing licences.
Clause 3 amends section 4(1) of the Fisheries Act 1995 to--
· insert the definitions of recreational fishing equipment
and stock;
· amend the definition of commercial fishing equipment
to remove a redundant reference to crab pots and to
make amendments as a consequence of the insertion of
the definition of recreational fishing equipment.
Clause 4 amends section 38(1) of the Fisheries Act 1995 to authorise the
sale of fish of a priority species under an access licence.
Clause 5 amends section 42(1) of the Fisheries Act 1995 to make it an
offence to stock fish into protected waters, unless authorised to
do so under that Act.
Clause 6 amends sections 43(1), 43(1A) and 43(4) of the Fisheries Act
1995 to--
· to authorise the stocking of fish in protected waters and
the possession of commercial aquaculture equipment
under an aquaculture licence;
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· to authorise an aquaculture licence holder to engage one
or more people to do anything authorised under the
licence;
· to authorise an aquaculture licence holder to possess
specified fish or fishing bait, if the licence authorises the
holder to hatch, rear, breed, display or grow the fish or
fishing bait for sale;
· to make amendments as a consequence of the
amendments to section 43(1).
Clause 7 substitutes sections 44(1) and 44(2) of the Fisheries Act 1995 to
make technical amendments and amendments required as a
consequence of the insertion of the definition of recreational
fishing equipment.
Clause 8 substitutes section 45(1) of the Fisheries Act 1995 to make
technical amendments and amendments required as a
consequence of the insertion of the definition of recreational
fishing equipment.
Clause 9 amends section 49(2) of the Fisheries Act 1995 so that the
Secretary may authorise a holder of a general permit to do any of
the following--
· possess fish taken from a developing fishery;
· possess fish taken for research, education, fish
management, aquaculture, compliance or scientific
purposes or taken for a specified indigenous cultural
ceremony or event;
· to possess commercial abalone equipment, commercial
fishing equipment or commercial aquaculture
equipment and to use or possess recreational fishing
equipment;
· sell fish or fishing bait for commercial purposes;
· sell fish that are of a priority species;
· take or possess more fish than the catch limit for that
species of fish;
· take or possess fish that are less than the specified
minimum size or more than the specified maximum size
for that species of fish;
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· take fish of a specified species of fish during the closed
season for that species of fish;
· take, land, process, sell or possess fish of a specified
species of fish that are prohibited from being taken,
landed, processed, sold or possessed during any
specified period or in any waters;
· carry out an activity in a fishery that is not inconsistent
with any regulations, management plan or Ministerial
direction.
Clause 10 amends section 151(2) of the Fisheries Act 1995 to clarify the
power to fix the rate of a levy for an aquaculture licence as the
total of one or more amounts determined in respect of areas
specified in the licence. This will allow a levy to vary depending
on the amount of area specified in a licence.
Clause 11 amends section 153(4) of the Fisheries Act 1995 to broaden the
regulation-making power so regulations may be made so as to
have a general or specially limited application and to differ
according to differences in time, place or circumstances.
Clause 12 inserts a new heading before section 153A of the Fisheries Act
1995 to create a new Division 4 in Part 8.
Clause 13 inserts new section 153C into the Fisheries Act 1995 to provide
that a holder of a Westernport/Port Phillip Bay Fishery Access
Licence is not authorised to carry out net fishing in Western Port
on and from 1 December 2007. This clause also provides that
such a licence holder may be entitled to an amount of
compensation determined by the Treasurer and the Minister.
The amount will be determined in accordance with certain
principles and criteria that have been developed for that purpose.
Clause 14 provides for the automatic repeal of this amending Act on 1 April
2010. As suggested by the Scrutiny of Acts and Regulations
Committee, all amending Acts now contain an automatic repeal
provision, which will save the time and expense of having to
repeal the amending Acts in statute law revision Bills.
The repeal of this Act does not affect in any way the operation
of the amendments made by this Act (see section 15(1) of the
Interpretation of Legislation Act 1984).
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