Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The Minister may, by legislative instrument, determine a plan of management for a fishery in an area of Australian jurisdiction.
(2) A plan of management for a fishery must set out:
(a) the objectives of the plan of management; and
(b) measures by which the objectives are to be attained; and
(c) performance criteria against which, and time frames within which, the measures taken under the plan of management may be assessed.
(2A) The objectives to be set out under paragraph (2)(a) must be consistent with, but are not limited to, the objectives set out in section 8.
(3) Subsections (4), (5) and (6) do not limit, by implication, the matters required by subsection (2) to be set out in a plan of management for a fishery.
(4) The Minister may, in a plan of management for a fishery:
(a) determine the manner in which the fishing capacity of the fishery is to be measured; and
(b) provide for the periodic determination of the fishing capacity, measured in that manner, permitted for the fishery.
(5) A plan of management for a fishery may make provision for and in relation to the following in respect of the fishery:
(a) the granting of permits under section 12;
(b) the conditions to which permits granted under section 12 are to be subject;
(c) the duration, renewal, variation and revocation of permits granted under section 12;
(d) the making of instruments under section 14;
(e) the making of instruments under section 16;
(f) the making of declarations under section 17;
(g) the granting of licences under section 19;
(h) the conditions to which licences granted under section 19 are to be subject;
(i) the duration, transfer, renewal and variation of licences granted under section 19;
(j) the making of Treaty endorsements under section 20;
(k) the conditions to which Treaty endorsements made under section 20 are to be subject;
(l) the duration, transfer, renewal, variation and revocation of Treaty endorsements made under section 20;
(m) the making of entries under section 21 in licences or Treaty endorsements;
(n) the suspension, variation and revocation of entries made under section 21 in licences or Treaty endorsements.
(6) If a plan of management for a fishery provides for the determination of the fishing capacity permitted for the fishery, the plan of management may make provision for and in relation to the following:
(a) the division of the fishing capacity, or a part of the fishing capacity, permitted for the fishery into units (the units of fishing capacity );
(b) the allocation to holders of licences under section 19 or other persons of units of fishing capacity in the fishery;
(c) the assignment of units of fishing capacity to boats, and the holding, and cessation of holding, of units of fishing capacity in relation to boats;
(d) requiring units of fishing capacity to be held in relation to boats;
(e) the determination of the number of units of fishing capacity to be held in relation to boats;
(f) the holding of units of fishing capacity that are not assigned to a boat, including the number of such units of fishing capacity that may be held by a person and the period during which such units of fishing capacity may be held;
(g) the duration, variation, re - assignment, transfer, surrender, replacement, renewal of allocation, suspension and cancellation of units of fishing capacity;
(ga) the translation of units of fishing capacity into catch or use entitlements, and the transfer of these entitlements;
(h) the recording on a register kept under section 10 of the allocation, assignment, holding, cessation of holding, variation, re - assignment, transfer, surrender, replacement, renewal of allocation, suspension and cancellation of units of fishing capacity and the manner in which such recording is to be evidenced, including the issue, recall and replacement of certificates and other documents evidencing such recording;
(ha) the recording on a register kept under section 10 of the catch or use entitlements applying to particular units of fishing capacity;
(i) the reconsideration of decisions made under the plan of management.
(7) The prescribed fees (if any) are payable in respect of the allocation, assignment, variation, re - assignment, transfer, replacement, and renewal of allocation, of units of fishing capacity and the issue and replacement of certificates and other documents evidencing the recording of the allocation, assignment, holding, cessation of holding, variation, re - assignment, transfer, replacement, and renewal of allocation, of units of fishing capacity.
(8) Regulations made for the purposes of subsection (7) may state different fees, or prescribe different methods of calculating fees, in respect of units of fishing capacity included in different classes of units of fishing capacity.
(9) While a plan of management is in force for a fishery, the performance of functions and the exercise of powers under this Act in relation to the fishery must be in accordance with the plan of management, and not otherwise.
(10) In the performance of functions and the exercise of powers generally under this Act, regard must be had to the effects, either direct or indirect, that the performance of the functions and exercise of the powers may have in relation to any plan or plans of management.
(11) Without limiting the matters by reference to which a fishery may be identified in a plan of management, those matters include all or any of the following:
(a) a species of fish;
(b) a description of fish by reference to sex or any other characteristic;
(c) an area of waters or of seabed;
(d) a method of fishing;
(e) a class of boats;
(f) a class of persons;
(g) a purpose of activities.
(13) In this section:
"decision" has the same meaning as in the Administrative Review Tribunal Act 2024 .
"fishery" means a class of activities by way of fishing, being a class of such activities that is identified in a plan of management as a fishery to which the plan of management applies.