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Fisheries (Validation of Plans of Management) Bill 2004

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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, the Minister for Fisheries, Forestry and Conservation)

 

 

 

 

 

 

 

 

 



CONTENTS

 

 

1. General outline .............................................................................................................. 3

    Financial Impact Statement .......................................................................................... 3

2. Notes on clauses ........................................................................................................... 4

 

 

 

 

 

 

 



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).

 

Financial Impact 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 revocation of such a plan made by the Managing Director, or acting Managing Director, of AFMA under section 20 of the Act has effect, and is taken always to have had effect, as if it had been made by AFMA. This is to confirm that any change made to a plan of management is also valid and current Commonwealth fisheries management arrangements are certain.

 

2.5.     Clause 3(4) provides that anything done under or for the purposes of a plan of management that has been made or amended, is as valid, and is taken always to have been as valid, as it would have been if the plan had been determined, and the amendment had been made, by AFMA. This is to confirm that current Commonwealth fisheries management arrangements underpinning the plans of management, such as regulations, are valid and are certain.