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 - BW264


             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:
·   replace references to `fishing activity' with `commercial fishing activity' and
    `fishing activities' with `commercial fishing activities'; and

·   insert a definition of `commercial fishing activity' to be a fishing activity that is
    engaged in for a commercial purpose, and, to avoid doubt, does not include an
    activity that constitutes recreational fishing within the meaning of subsection
    212(2) of the Environment Protection and Biodiversity Conservation Act 1999
    (Cth) (EPBC Act). Subsection 212(2) of the EPBC Act defines `recreational
    fishing' to include fishing from a charter boat and fishing in a fishing competition.

FINANCIAL IMPACT STATEMENT

No financial impact.




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NOTES ON AMENDED CLAUSES


Amendments (1) through (12), (14) through (39) and (41) - Insertion of reference
to `commercial'

1. These amendments replace references to `fishing activity' with `commercial
   fishing activity' and `fishing activities' with `commercial fishing activities'
   throughout the Bill.

2. These changes clarify that only commercial fishing operations are intended to be
   the subject of interim and final declarations under the Environment Protection and
   Biodiversity Conservation Amendment (Declared Fishing Activities) Bill 2012 Act
   1999 (Cth).

Amendments (13) and (40) - Insertion of definition of `commercial fishing
activity'

3. Amendment (13) includes a definition of `commercial fishing activity' in
   subsection 390SC(2).

4. Specifically `commercial fishing activity' is defined to be a fishing activity that is
   engaged in for a commercial purpose, and, to avoid doubt, does not include an
   activity that constitutes recreational fishing (within the meaning of subsection
   212(2)) of the Environment Protection and Biodiversity Conservation Act 1999
   (Cth) (EPBC Act).

5. Subsection 212(2) of the EPBC Act subsequently defines `recreational fishing' to
   include the following types of fishing:
   a. fishing from a charter boat (within the meaning of the Fisheries Management
      Act 1991), including fishing by the person in charge of the boat, the crew of the
      boat or any other person on the boat;
   b. fishing in a fishing competition (whether or not in a professional capacity);
   c. fishing that is undertaken primarily for:
       i. inclusion on a website, or in a film, video, television program or radio
          program; or
       ii. description or representation in a magazine, newspaper, book or other such
           document.

6. Amendment (40) is a consequential amendment to the definitions section of the
   EPBC Act (section 528) to cross-refer to the definition of `commercial fishing
   activity' in subsection 390SC(2).

7. The combination of the above changes make clear that the amendments proposed
   under the Environment Protection and Biodiversity Conservation Amendment
   (Declared Fishing Activities) Bill 2012 Act 1999 (Cth) will not apply to
   recreational fishers nor charter boat operators.


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