FISHERIES __________________________________________________________________
(VALIDATION OF PLANS OF MANAGEMENT) BILL 2004
2002-2003-2004
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
THE SENATE
FISHERIES (VALIDATION OF PLANS OF MANAGEMENT) BILL 2004
EXPLANATORY MEMORANDUM
(Circulated by authority of Senator the Hon Ian Macdonald, Minister for
Fisheries, Forestry and Conservation)
FISHERIES (VALIDATION OF PLANS OF MANAGEMENT) BILL 2004
1. GENERAL OUTLINE
1.1. The purpose of the Fisheries (Validation Of Plans Of Management) Bill
2004 is to provide certainty about the validity of certain plans of
management determined, amended and/or revoked under the Fisheries Management
Act 1991 and things done under or for the purposes of those plans. The Bill
will ensure that all existing plans of management and things done under or
for the purposes of those plans, are valid and taken always to have been
valid, as if they had been made by the Australian Fisheries Management
Authority (AFMA).
1.2. The Bill addresses a potential argument that there may have been
an inconsistency in the process by which plans of management were
determined, amended or revoked before July 2003 by the Managing
Director or the Acting Managing Director of AFMA. This potential
inconsistency means that there is a small, residual legal risk that the
validity of the plans could be challenged.
1.3. The Australian Government believes the plans, and all things done
under or for the purposes of the plans, are valid. Whilst the risk of a
successful challenge to any plan of management is slight, it is
important for industry that these plans are certain and are placed
beyond this risk.
1.4. The Bill will ensure there is no scope for uncertainty about the
status of plans of management.
1.5. The Bill was developed in consultation with relevant Australian
Government agencies (including AFMA, the Australian Government
Department of Agriculture, Fisheries and Forestry and the Australian
Government Solicitor).
Impact Financial Statement
1.6. The Bill will have no financial impact on the fishing industry.
The Bill simply affirms the current arrangements that have been in
operation for a number of years. The only cost to the Australian
Government is the usual costs of developing and implementing the
legislation.
2. NOTES ON CLAUSES
Clause 1: Short title
2.1. Clause 1 is a formal provision specifying the short title of the
Bill. The Act will be called the Fisheries (Validation of Plans of
Management) Act 2004.
Clause 2: Commencement
2.2. Clause 2 provides for the commencement of the Bill. The Bill will
commence on the day on which it receives the Royal Assent.
Clause 3: Plans of management
2.3. Clause 3(2) provides that a plan of management determined, or
purported to have been determined, by the Managing Director, or acting
Managing Director of the Australian Fisheries Management Authority
(AFMA) under section 17 of the Fisheries Management Act 1991 (the Act)
has effect, and is taken always to have had effect, as if it had been
determined by AFMA. This is to confirm that these plans are valid and
current Commonwealth fisheries management arrangements are certain.
2.4. Clause 3(3) provides that any amendment or re...