Fisheries Management (Heard Island and McDonald Islands Fishery) Regulations 2002 (S.R. No. 115 of 2002)

fmiamifr20022002n115641 (1).rtf 31/10/2016 9:24 AM Fisheries Management (Heard Island and McDonald Islands Fishery) Regulations 2002 Statutory Rules 2002 No. 115 1 I, PETER JOHN HOLLINGWORTH, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Fisheries Management Act 1991. Dated 6 June 2002 PETER HOLLINGWORTH Governor-General By His Excellency’s Command IAN MACDONALD Minister for Forestry and Conservation Contents Page 2 Fisheries Management (Heard Island and McDonald Islands Fishery) Regulations 2002 2002, 115 Contents 1 Name of Regulations 2 2 Commencement 2 3 Interpretation 2 4 Details to be included in Register 3 5 Nomination of a boat 4 6 Cancellation of nomination of a boat 4 1 Name of Regulations These Regulations are the Fisheries Management (Heard Island and McDonald Islands Fishery) Regulations 2002. 2 Commencement These Regulations commence on gazettal. 3 Interpretation (1) In these Regulations: Act means the Fisheries Management Act 1991. Management Plan means the Heard Island and McDonald Islands Fishery Management Plan 2002. (2) An expression used in these Regulations and in the Management Plan has the same meaning in these Regulations as it has in the Management Plan. Note The following terms are defined in section 3 of the Management Plan:  fishery  holder  nominated boat  owner  statutory fishing right. Regulation 4 2002, 115 Fisheries Management (Heard Island and McDonald Islands Fishery) Regulations 2002 3 4 Details to be included in Register (1) AFMA must enter in the Register the following details for each statutory fishing right granted for the fishery: (a) the name of the owner of the right; (b) the owner’s ABN; (c) the number of statutory fishing rights the owner owns; (d) the total weight, in kilograms, of fish that may be taken under those statutory fishing rights; (e) the owner’s postal address, e-mail address, and telephone and fax numbers; (f) if the holder of the statutory fishing right is not the owner of the right: (i) the name of the holder; and (ii) if the holder of the statutory fishing right is a company — the holder’s Australian Company Number; and (iii) the number of statutory fishing rights the holder holds; and (iv) the total weight, in kilograms, of fish that may be taken under those statutory fishing rights; and (v) the holder’s postal address, e-mail address, and telephone and fax numbers. Note Sections 45 and 46 of the Act set out other information that AFMA must include in the Register in relation to a statutory fishing right. (2) AFMA may alter the Register to take into account a change in a detail mentioned in subregulation (1). (3) For paragraph (1) (e) and subparagraph (1) (f) (v), an owner or holder’s postal address, e-mail address, and telephone and fax numbers are taken to be the addresses and numbers most recently notified to AFMA by the owner or holder. Regulation 5 4 Fisheries Management (Heard Island and McDonald Islands Fishery) Regulations 2002 2002, 115 5 Nomination of a boat For section 24 of the Management Plan, the details that AFMA must include in the entry in the Register for a nominated boat are: (a) the name of the boat; and (b) if the boat is registered under a law of the Commonwealth or a State or Territory — the identification code. 6 Cancellation of nomination of a boat (1) The holder of a statutory fishing right for the fishery may apply in the approved form to AFMA to cancel an entry in the Register of a nominated boat in respect of the fishing right. (2) On receiving an application, AFMA must cancel the entry. Note 1. Notified in the Commonwealth of Australia Gazette on 14 June 2002.