Commonwealth of Australia Explanatory Memoranda

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ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION AMENDMENT (DECLARED COMMERCIAL FISHING ACTIVITIES) BILL 2012

                                2010-2011-2012




   THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA




                       HOUSE OF REPRESENTATIVES




ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION
   AMENDMENT (DECLARED FISHING ACTIVITIES) BILL 2012




          SUPPLEMENTARY EXPLANATORY MEMORANDUM


             Amendment to be Moved on Behalf of the Government




 (Circulated by authority of the Minister for Sustainability, Environment, Water,
         Population and Communities, the Honourable Tony Burke, MP)

Environment Protection and Biodiversity Conservation
Amendment (Declared Fishing Activities) Bill 2012

OUTLINE
The purpose of the government amendment to the Environment Protection and
Biodiversity Conservation Amendment (Declared Fishing Activities) Bill 2012 Act
1999 (Cth) is to:
·   insert a new subsection 390SD(2A) to clarify that the Minister cannot make a
    declaration in respect of a commercial fishing activity that has been undertaken
    prior to 11 September 2012 in a Commonwealth marine area.

FINANCIAL IMPACT STATEMENT

No financial impact.




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NOTES ON AMENDED CLAUSES


Amendment 1 - Schedule 1, item 1, page 4 (before line 29), before subsection
390SD(3)

1. This amendment will insert a new subsection 390SD(2A), the effect of which will
   be to prevent the Minister from making an interim declaration in respect of a
   commercial fishing activity if the activity has been engaged in before
   11 September 2012 in a Commonwealth marine area.

2. This amendment will also have the effect of limiting the Minister's power to make
   a final declaration because the Minister can only make a final declaration in
   respect of the same activity which was the subject of an interim declaration.




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