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Legislation and regulation
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The objectives, powers and functions of AFMA are defined by the legislation which established it and a range of legislation which it administers. AFMA’s legislative basis represents the power invested in it by the Commonwealth Parliament to manage Australia’s fishing future.
AFMA was established under the Fisheries Administration Act 1991 following a comprehensive review of the way Commonwealth fisheries were managed. This culminated in the 1989 policy statement New Directions for Commonwealth Fisheries Management in the 1990s(https://www.afma.gov.au/sites/default/files/2023-01/New-Directions-low-res.pdf).
AFMA is invested with objectives, functions and powers(https://www.afma.gov.au/who-we-are/objectives-and-functions) under the Fisheries Administration Act 1991 and the Fisheries Management Act 1991 . These key pieces of legislation provide the fundamental statutory basis for our operations.
Management plans for fisheries are established under the Fisheries Management Act 1991 , and this Act also sets out the legislative basis for Statutory Fishing Rights (SFRs), licences and permits.
The Fisheries Management Act 1991 defines the Australian Fishing Zone (AFZ) and provides for the majority of Commonwealth fisheries offences. It underpins our cutting-edge domestic and foreign compliance work and provides us with enforcement powers to protect Australia’s valuable fishery resources.
The Fisheries Management Act 1991 also sets out our responsibilities in relation to the pursuit of ecologically sustainable development. We see this objective as a requirement to manage the long-term sustainability of fisheries resources for the benefit of all users and interest groups both now and in the future. The Environment Protection and Biodiversity Conservation Act 1999 requires an assessment to be carried out for all Commonwealth-managed fisheries.
The below links will direct you to the Federal Register of Legislation website. These Acts may not contain all relevant legislation. You should seek the advice of a lawyer before relying on these pages as a statement of the current law.
Principal legislation
Torres Strait Fisheries Act 1984(https://www.legislation.gov.au/C2004A02887/latest/text)
Fisheries Administration Act 1991(https://www.legislation.gov.au/C2004A04236/latest/versions)
Fisheries Management Act 1991(https://www.legislation.gov.au/C2004A04237/latest/versions)
Amending or incidental legislation
Fisheries Legislation (Consequential Provisions) Act 1991(https://www.legislation.gov.au/C2004A04238/latest/text)
Fisheries (Validation of Plans of Management) Act 200(https://www.legislation.gov.au/C2004A01393/asmade/text)
Fishing Levy legislation
Fisheries Levy Act 1984(https://www.legislation.gov.au/C2004A03015/latest/text)
Fishing Levy Act 1991(https://www.legislation.gov.au/C2004A04231/latest/text)
Fisheries Agreements (Payments) Act 1991(https://www.legislation.gov.au/C2004A04226/latest/text)
Foreign Fishing Licences Levy Act 1991(https://www.legislation.gov.au/C2004A04225/latest/text)
Statutory Fishing Rights Charge Act 1991(https://www.legislation.gov.au/C2004A04232/latest/text)
Principal regulations (current)
Torres Strait Fisheries Regulations 1985(https://www.legislation.gov.au/F1997B01836/latest/text)
Fisheries Management Regulations 2019(https://www.legislation.gov.au/F2019L00383/latest/text)
Fisheries Levy (Torres Strait Prawn Fishery) Regulations 2019(https://www.legislation.gov.au/F2019L00383/latest/versions)
Other current regulations
Made under FMA
Fisheries Management (Heard Island and McDonald Islands Fishery) Regulations 2002(https://www.legislation.gov.au/F2002B00116/latest/versions)
Fisheries Management (International Agreements) Regulations 2009(https://www.legislation.gov.au/F2009L03790/latest/versions)