Commonwealth of Australia

Fisheries Management Act 1991

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Northern Prawn Fishery Management Plan 1995

NPF01

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I, RICHARD ANDREW STEVENS, Managing Director of the Australian Fisheries Management Authority, acting on behalf of the Authority, determine the following plan of management under subsection 17 (1) of the Fisheries Management Act 1991.

Dated 8 February 1995.

R A STEVENS

Managing Director of the Australian Fisheries

Management Authority

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PART 1—INTRODUCTORY PROVISIONS

Citation

1. This plan of management may be cited as the Northern Prawn Fishery Management Plan 1995.

Commencement

2. This plan of management commences when notice of the fact that the plan has been determined is published in the Gazette under subsection 19 (1) of the Act.

Interpretation

3.1 In this plan, unless the contrary intention appears:

“Act” means the Fisheries Management Act 1991;

“active Class A statutory fishing right” has the meaning given in clause 8;

“active Class B statutory fishing right” has the meaning given in clause 12;

“agent”, in relation to a holder, means:

(a) a person responsible for the affairs and property of the holder under a law in force in the Commonwealth, a State or a Territory, including a receiver, liquidator, trustee or guardian of the holder and an executor or administrator of the estate of the holder; or

(b) a person appointed as an agent and notified to AFMA under subclause 32.1;

“applicable number of class A statutory fishing rights”, in relation to a boat, means the number of Class A statutory fishing rights equal to the sum of:

(a) the number of the boat’s hull units; and

(b) the number of the boat’s engine power units;

“certificate”, in relation to a statutory fishing right, means a certificate under subsection 22 (2) of the Act evidencing the grant of the statutory fishing right;

“Class A statutory fishing right” means a statutory fishing right available for grant under paragraph 18 (a), (b) or (c);

“Class B statutory fishing right”, means a statutory fishing right available for grant under paragraph 18 (d);

“ecologically related species” means:

(a) any species of fish, marine mammal or marine reptile that is prey of, or preys on, any species of prawns (including penaeid prawns and carid prawns), scampi, bugs, scallops or squid; and

(b) any species of animal that is, or may be, incidentally affected by methods used to fish for any species of prawns (including penaeid prawns and carid prawns), scampi, bugs, scallops or squid;

“eligible person” means a person who is registered as an eligible person under section 26 of the Act;

“engine power units”, in relation to a boat, means the number of the boat’s engine power units calculated in accordance with item 2 in Schedule 1;

“former plan” means the Northern Prawn Fishery Management Plan as amended and in force immediately before the end of 2 February 1995;

“hull units”, in relation to a boat, means the number of the boat’s hull units calculated in accordance with item 1 in Schedule 1;

“nominated boat”, in relation to a statutory fishing right, means a boat nominated under clause 19 on the certificate;

“Northern Prawn Fishery” means commercial fishing activities:

(a) in the Northern Prawn Fishery area for any species of prawns (including penaeid prawns and carid prawns), scampi, bugs, or scallops; and

(b) using prawn trawl apparatus in the Northern Prawn Fishery area for any species of squid;

“Northern Prawn Fishery area” means the area described in Schedule 2;

“propulsion engine”, in relation to a boat, means an engine installed in the boat to provide the boat’s propulsive power, except an auxiliary or emergency engine;

“statutory fishing right” means a Class A statutory fishing right for the Northern Prawn Fishery or a Class B statutory fishing right for the Northern Prawn Fishery;

“surplus Class A statutory fishing right” has the meaning given in clause 10;

“surplus Class B statutory fishing right” has the meaning given in clause 13;

“suspense Class A statutory fishing right” has the meaning given in clause 9.

3.2 Notes in square brackets in this plan are included for information only and are not part of the plan.

[NOTE: Unless the contrary intention appears, terms defined in the Fisheries Management Act 1991 have the same meanings in this Plan. Some of those terms and their meanings are:

“AFMA” means the Australian Fisheries Management Authority;

“Australian fishing zone” means:

(a) the waters adjacent to Australia within the outer limits of the exclusive economic zone; and

(b) the waters adjacent to each external Territory within the outer limits of the exclusive economic zone;

but does not include:

(d) waters that are excepted waters;

“exclusive economic zone” means the exclusive economic zone, within the meaning of the Seas and Submerged Lands Act 1973, adjacent to the coast of Australia or the coast of an external Territory;

“fish” includes all species of bony fish, sharks, rays, crustaceans, molluscs and other marine organisms, but does not include marine mammals or marine reptiles;

“officer” means:

(a) a person appointed under section 83 of the Act to be an officer for the purposes of the Act; or

(b) a member or special member of the Australian Federal Police or a member of the police force of a State or Territory; or

“Register” means the Register of Statutory Fishing Rights kept by AFMA under section 44 of the Act;

“scientific permit” means a scientific permit granted under section 33 of the Act;

“statutory fishing right” has the meaning given by section 21 of the Act.]

Objectives

4. The objectives of this plan are:

(a) to ensure that the use of the Northern Prawn Fishery is consistent with the principles of ecologically sustainable development; and

(b) to maximise economic efficiency in the Northern Prawn Fishery; and

Measures

5. The measures by which the objectives of this plan are to be attained include:

(a) developing and implementing appropriate management measures (including directions referred to in subsection 17 (5A) of the Act) in relation to the Northern Prawn Fishery; and

(b) implementing an effective program of surveillance for the Northern Prawn Fishery to ensure compliance with this plan; and

(d) preparing an annual budget of costs associated with managing the Northern Prawn Fishery; and

(e) setting and collecting levies and fees in relation to the Northern Prawn Fishery; and

(f) collecting data that can be used to assess the status of the Northern Prawn Fishery; and

(g) monitoring the impact of catching operations in the fishery on ecologically related species and implementing any practical strategies that are necessary to minimise the impact of those operations on those species.

Performance criteria

6.1 The performance criteria against which the measures taken may be assessed are:

(a) the status of economic efficiency of the Northern Prawn Fishery; and

(b) the status of the biological resources and environmental conditions in the Northern Prawn Fishery area; and

6.2 AFMA and the Northern Prawn Fishery Management Advisory Committee must, from time to time, conduct assessments of the effectiveness of the measures taken to implement the objectives of this plan by reference to the performance criteria.

6.3 AFMA must publish an annual report assessing the performance of this plan with reference to the most recent assessment carried out under subclause 6.2.

PART 2—STATUTORY FISHING RIGHTS

Class A statutory fishing rights

7. A Class A statutory fishing right is:

(a) an active Class A statutory fishing right; or

(b) a suspense Class A statutory fishing right; or

What is an active Class A statutory fishing right?

8. An active Class A statutory fishing right is a Class A statutory fishing right for which there is a nominated boat.

What is a suspense Class A statutory fishing right?

9. A suspense Class A statutory fishing right is a Class A statutory fishing right that:

(a) is granted to a person because the person held a Class A suspense unit under the former plan; and

(b) is a fishing right for which there has never been a nominated boat; and

(c) if the statutory fishing right is granted to a person in relation to a Class B statutory fishing right—that Class B statutory fishing right has not been surrendered; and

(d) if the Class A statutory fishing right is granted to a person in relation to a Class B statutory fishing right and the Class A statutory fishing right or the Class B statutory fishing right is transferred to another person—is transferred to the other person at the same time as the Class B statutory fishing right; and

(e) if the Class A statutory fishing right is granted to a person other than in relation to a Class B statutory fishing right—has not been transferred to another person.

What is a surplus Class A statutory fishing right?

10. A surplus Class A statutory fishing right is a Class A statutory fishing right:

(a) that is not a suspense Class A statutory fishing right; and

(b) for which there is no nominated boat.

Class B statutory fishing rights

11. A Class B statutory fishing right is:

(a) an active Class B statutory fishing right; or

(b) a surplus Class B statutory fishing right.

What is an active Class B statutory fishing right?

12. An active Class B statutory fishing right is a Class B statutory fishing right for which there is a nominated boat.

What is a surplus Class B statutory fishing right?

13. A surplus Class B statutory fishing right is a Class B statutory fishing right for which there is no nominated boat.

Who is entitled to fish in the Northern Prawn Fishery?

14.1 A person is entitled to conduct commercial fishing activities:

(a) in the Northern Prawn Fishery area for any species of prawns (including penaeid prawns and carid prawns), scampi, bugs, or scallops; or

(b) using prawn trawl apparatus in the Northern Prawn Fishery area for any species of squid;

if, and only if:

(c) he or she is using a nominated boat, and is, or is acting for, the holder of an active Class B statutory fishing right in force in relation to the nominated boat where the boat is also nominated on the applicable number of Class A statutory fishing rights; or

(d) he or she is, or is acting for, the holder of a scientific permit for the Northern Prawn Fishery.

14.2 Subject to any relevant direction given under clause 25, a person who is entitled to conduct commercial fishing activities:

(a) in the Northern Prawn Fishery area for any species of prawns (including penaeid prawns and carid prawns), scampi, bugs, or scallops; or

(b) using prawn trawl apparatus in the Northern Prawn Fishery area for any species of squid;

may take other fish if, and only if, the other fish are taken:

(d) in accordance with another plan of management in force under the Act, or a law of a State or Territory that is in force in relation to the Northern Prawn Fishery area.

14.3 Subject to any relevant direction given under clause 25, a person in the Northern Prawn Fishery area may not receive by transhipment, carry or process fish taken by a boat referred to in paragraph 14.1 (c) unless the person:

(a) is using a boat nominated on a fishing permit in force in relation to the boat; and

(b) is, or is acting for, the holder of the fishing permit.

Maximum number of statutory fishing rights

15.1 The number of Class A statutory fishing rights must not exceed 53,844.

15.2 The number of Class B statutory fishing rights must not exceed 133.

Conditions for registration of eligibility for statutory fishing rights—section 26 of the Act

16.1 The conditions for registration of a person as an eligible person are:

(a) that the person’s application for registration is made to AFMA in the approved form within the period specified in the notice published in relation to the Northern Prawn Fishery under section 24 of the Act; and

(b) that the person was, immediately before the end of 2 February 1995, a unit holder under the former plan.

16.2 In spite of subclause 16.1, if an eligible person:

(a) was, immediately before the end of 2 February 1995, a unit holder under the former plan; and

(b) applies to AFMA for registration in the approved form after the period referred to in paragraph 16.1 (a); and

(c) demonstrates to AFMA that there are exceptional extenuating circumstances that caused the application to be made after that period;

AFMA may regard the person as satisfying paragraph 16.1 (a).

Grant of a statutory fishing right

17.1 The grant of a statutory fishing right in accordance with clause 18 is available to an eligible person if the person:

(a) requests AFMA to grant the statutory fishing right; and

(b) makes the request within 30 days after being notified of the decision to register the person as an eligible person.

17.2 If the person does not make the request within 30 days, AFMA must:

(a) send a reminder to the person at his or her last known address; and

(b) allow the person a further 30 days in which to make the request.

17.3 If the person does not make the request within the further period referred to in paragraph 17.2 (b), AFMA must send the person notice that his or her registration as an eligible person will be cancelled if the person does not, within 14 days after the date of the notice;

(a) make the request; and

(b) demonstrate to AFMA that there are extenuating circumstances that caused the person to fail to make the request before the end of the period referred to in paragraph 17.2 (b).

17.4 A notice under subclause 17.3 must be sent to the last known address of the person to whom it is sent.

17.5 If the person:

(a) fails to make a request before the end of the period specified in a notice under subclause 17.3; or

(b) makes a request;

(i) after the end of the period referred to in paragraph 17.2 (b); and

(ii) before the end of the period specified in a notice under subclause

17.3; and

does not demonstrate to AFMA that there are the extenuating circumstances referred to in paragraph 17.3 (b);

AFMA must cancel the registration of the person as an eligible person by making a suitable annotation on the Register.

17.6 AFMA must note on the certificate the information entered on the register in relation to the fishing right.

17.7 AFMA must note on the certificate of an active, surplus or suspense Class A statutory fishing right the registered number of the Class B statutory fishing right (if any) in relation to which it is held.

17.8 AFMA must note on the certificate of an active or surplus Class B statutory fishing right the registered numbers of the Class A statutory fishing rights (if any) in relation to which it is held.

17.9 Nothing in this clause prevents AFMA from evidencing the grant of 2 or more statutory fishing rights on the same certificate.

[NOTES:

1. For the grant of a fishing right to an eligible person, see section 31 of the Act.

2. For the issue of a certificate evidencing the grant of a fishing right, see subsection 22 (2) of the Act.

3. A statutory fishing right may be suspended, cancelled or surrendered—see sections 38 and 39 and subsection 22 (6) of the Act, respectively.

4. A statutory fishing right granted for the Northern Prawn Fishery ceases to have effect if AFMA revokes the plan of management—see subsections 20 (4) and 22 (3) of the Act.]

How many statutory fishing rights must AFMA grant to an eligible person?

18. For the purposes of section 31 of the Act, the grant available to an eligible person is:

(a) 1 active Class A statutory fishing right for each active Class A unit of fishing capacity; and

(b) 1 suspense Class A statutory fishing right for each Class A suspense unit of fishing capacity; and

(d) 1 Class B statutory fishing right for each Class B unit of fishing capacity;

held, immediately before the end of 2 February 1995, by the person as a unit holder under the former plan.

Boat nomination and replacement

19.1 The holder of a Class B statutory fishing right must not use a boat in the Northern Prawn Fishery, unless it is the nominated boat for the fishing right and for the applicable number of Class A statutory fishing rights.

19.2 The holder of a statutory fishing right may apply in writing to AFMA in the approved form:

(a) for a boat to be nominated on the certificate relating to the statutory fishing right; or

(b) if another boat is to be used in the Northern Prawn Fishery instead of the nominated boat—to amend the certificate by omitting the particulars of the nominated boat and substituting the particulars of the boat to be nominated in its stead.

19.3 An application must be accompanied by the certificate.

19.4 On receiving an application, AFMA must nominate the boat, or the other boat, on the certificate, as the case requires.

19.5 Only one boat may be nominated for a particular statutory fishing right on a certificate at any time.

19.6 In spite of subclause 19.4, AFMA must not:

(a) nominate a boat on a certificate if the total number of Class A statutory fishing rights for which a boat is nominated is not the same as the applicable number of statutory fishing rights; or

(b) nominate a boat on a certificate for a Class B statutory fishing right if the boat is the nominated boat for another Class B statutory fishing right.

Variations—engine power and hull units

20.1 If the number of engine power units for a boat is entered on the Register:

(a) the propulsion engine of the boat must not be altered so that the number of engine power units for the boat would be greater than the number entered on the Register; and

(b) the propulsion engine of the boat must not be replaced;

unless the holder of a statutory fishing right for which the boat is nominated notifies AFMA, before the alteration or replacement is made, of the particulars of:

(d) any consequential changes to the particulars entered on the Register.

20.2 If the number of hull units for a boat is entered on the Register, the hull underdeck volume of the boat must not be altered unless the holder of a statutory fishing right for which the boat is nominated notifies AFMA, before the alteration is made, of the particulars of the alteration.

20.3 The holder of an active Class B statutory fishing right who lodges with AFMA a notification under subclause 20.1 or 20.2:

(a) may apply to AFMA to redetermine the applicable number of Class A statutory fishing rights before the relevant alteration or replacement is made; and

(b) if the holder applies to AFMA to redetermine the applicable number of Class A statutory fishing rights—must tell AFMA as soon as the alteration or replacement is made.

20.4 If:

(a) the holder of the active Class B statutory fishing right has not applied to AFMA to redetermine the applicable number of Class A statutory fishing rights for the nominated boat; and

(b) AFMA tells the holder that AFMA intends to redetermine the applicable number of Class A statutory fishing rights for the boat as a result of a notification under subclause 20.1 or 20.2;

the holder must:

(c) apply to nominate the boat on the redetermined applicable number of statutory fishing rights before the relevant alteration or replacement is made; and

(d) tell AFMA as soon as the alteration or replacement is made.

20.5 In spite of subclause 20.4, the holder may make the alteration or replacement if, 28 days after receiving a notification under subclause 20.1 or 20.2, AFMA has not told the holder that AFMA intends to redetermine the applicable number of Class A statutory fishing rights for the boat.

20.6 The number of engine power units entered on the Register for a particular propulsion engine must not be reduced, even if the engine is altered or moved to another boat.

20.7 Nothing in this clause prevents AFMA from evidencing the grant of 2 or more statutory fishing rights on the same certificate.

Applications for cancellation of nomination of a boat

21.1 The holder of an active Class A statutory fishing right may apply to AFMA for cancellation of the nomination of a boat.

21.2 The holder of an active Class B statutory fishing right may apply to AFMA for cancellation of the nomination of a boat.

21.3 An application must be accompanied by the certificate relating to the statutory fishing right.

21.4 On receiving an application, AFMA must cancel the nomination by amending the certificate accordingly.

21.5 In spite of subclause 21.4, AFMA must not cancel the nomination of a boat from the certificate of a Class A statutory fishing right if:

(a) the number of Class A statutory fishing rights for which the boat would remain nominated would not be equal to the applicable number of statutory fishing rights; or

(b) the nomination of the boat on the certificate of each Class A statutory fishing right, and the Class B statutory fishing right, on which it is nominated would not be cancelled.

21.6 If AFMA cancels the nomination of a boat on the certificate of a Class B statutory fishing right, AFMA must also cancel the nomination of the boat on the certificate of each Class A statutory fishing right on which it is nominated.

21.7 If:

(a) AFMA cancels the nomination of a boat on the certificate of a Class A statutory fishing right; and

(b) less than the applicable number of class A statutory fishing rights remain nominated for the boat nominated on the cancelled class A Statutory fishing right’s certificate;

AFMA must also cancel the nomination of the boat on the certificate of each Class A statutory fishing right and the Class B statutory fishing right on which it is nominated.

Obligations on the holders of fishing concessions

22.1 The holder of a statutory fishing right must:

(a) comply with the Fisheries Management Regulations; and

(b) comply with the Regulations under the Fishing Levy Act 1991 about the payment of levies; and

(d) comply with any relevant direction under clause 25; and

(e) comply with this plan; and

(f) comply with all other conditions to which the statutory fishing right is subject; and

(g) if the boat that is nominated on the holder’s certificate of a Class B statutory fishing right is not required, under a law in force in a State or Territory, to display an identifying mark or number—cause the registration number of the boat’s Class B statutory fishing right to be displayed on the boat.

22.2 The holder of a fishing permit must:

(a) comply with the Fisheries Management Regulations; and

(b) comply with any relevant direction under clause 25; and

(d) ensure that the nominated boat does not receive prawns taken by another boat, unless each container of the prawns has attached to it a written statement, capable of being read on its arrival at a processing plant, showing:

(i) the name of the boat that took the prawns in the container; and

(ii) the date on which those prawns were taken; and

(iii) the date on which the container was received on the nominated boat; and

(e) comply with all other conditions to which the fishing permit is subject.

[NOTE: The holder of a statutory fishing right or a fishing permit must comply with obligations imposed under paragraph 17 (6) (g) of the Act: see sections 22 and 95 of the Act.]

Election relating to holdings of surplus or suspense Class A statutory fishing rights

23.1 The holder of a surplus or suspense Class A statutory fishing right may elect:

(a) to hold the statutory fishing right in relation to an active Class B statutory fishing right held by the holder; or

(b) to hold the statutory fishing right in relation to a surplus Class B statutory fishing right held by the holder; or

23.2 A holder makes or changes an election by notifying AFMA in writing of that fact.

23.3 A notice of election must be accompanied by the relevant certificates.

23.4 If the holder of a surplus or suspense Class A statutory fishing right makes or changes his or her election under subclause 23.1, AFMA must endorse the relevant certificates accordingly.

Expiry of surplus Class B statutory fishing rights

24.1 A surplus Class B statutory fishing right expires if the holder reduces the number of surplus or suspense Class A statutory fishing rights held in relation to it to less than 100.

24.2 In spite of subclause 24.1, if a holder:

(a) held a Class B unit of fishing capacity (other than a unit assigned to a boat) at the expiration of the former plan, but did not hold 100 Class A surplus units of fishing capacity in relation to it; and

(b) is granted and holds a surplus Class B statutory fishing right for the Class B unit; and

(c) is granted and holds surplus Class A statutory fishing rights for the Class A surplus units that were assigned to the Class B unit at the expiration of the former plan; and

(d) does not reduce the number of surplus or suspense Class A statutory fishing rights he or she holds in relation to the surplus Class B statutory fishing right;

the surplus Class B statutory fishing right may be retained as if the holder holds 100 surplus or suspense Class A statutory fishing rights in relation to it.

[NOTE: For the other conditions to which a fishing right is subject, see subsections 22 (4) and (5) of the Act.]

Directions by AFMA—subsection 17 (5A) of the Act and paragraph 5 (a)

25.1 AFMA may direct that fishing is not to be engaged in the Northern Prawn Fishery, or a particular part of the Northern Prawn Fishery, during a particular period or periods.

[NOTE: Subsection 17 (5B) of the Act provides that a direction under paragraph 17 (5A) (a) of the Act “in relation to a part of the fishery may identify the part concerned in any way or ways, including by reference to a particular area, a particular species or type of fish, a particular kind or quantity of fishing equipment, a particular method of fishing, or any combination of the above.”.]

25.2 AFMA must give each holder of a statutory fishing right or a fishing permit for the Northern Prawn Fishery notice of the direction.

25.3 Before AFMA issues a direction, it must consult with the Northern Prawn Fishery Management Advisory Committee about the content of the direction unless the direction is issued in circumstances of emergency.

25.4 AFMA must notify each holder of a statutory fishing right or a fishing permit for the Northern Prawn Fishery of the content of a direction at least 7 days before the direction takes effect unless a direction is issued in circumstances of emergency.

25.5 For the purposes of paragraph 17 (6) (g) of the Act, the holder of a statutory fishing right or a fishing permit for the Northern Prawn Fishery is obliged to comply with a direction.

[NOTE: The holder of a statutory fishing right or a fishing permit must comply with obligations imposed under paragraph 17 (6) (g) of the Act: see sections 22 and 95 of the Act.]

Transfer of a statutory fishing right

26.1 A holder may apply to AFMA to transfer the statutory fishing right to another person.

26.2 An application must be made in the approved form and be accompanied by the certificate.

26.3 AFMA must not approve the transfer of a statutory fishing right:

(a) unless it determines each application for registration of an interest in the fishing right received by AFMA before the application for transfer; and

(b) without the written consent of each person registered as having an interest in the fishing right.

26.4 If the application complies with this plan, the Act and any conditions to which the grant of the fishing right is subject, AFMA must:

(a) cancel the holder’s registration; and

(b) amend the certificate accordingly; and

[NOTES:

1. A statutory fishing right may be suspended, cancelled or surrendered—see sections 38 and 39 and subsection 22 (6) of the Act, respectively.

2. Paragraph 22 (4) (a) of the Act provides that transferability of a statutory fishing right is subject to conditions (if any) specified in the original certificate.]

Expiry of statutory fishing rights

27. A statutory fishing right expires if it is surrendered under subsection 22 (6) of the Act or cancelled by AFMA under section 39 of the Act.

PART 3—MISCELLANEOUS

Certificates

28. Before a certificate is amended or a replacement certificate is issued:

(a) the superseded certificate must be surrendered to AFMA; or

(b) if the certificate has been given to AFMA under subclause 19.3, 21.3, 23.3 or 26.2—a statement to that effect must be made to AFMA; or

(c) if the certificate is not available—the holder must give AFMA a written reason for the unavailability of the certificate and an undertaking, signed by the holder, to the effect that the holder will immediately surrender the certificate to AFMA if it becomes available.

Delegation

29. AFMA may, by writing under its common seal, delegate any of its powers and functions under this plan (except its powers under clause 25) to an officer of AFMA.

[NOTE: for delegation of powers under clause 24, see subsection 17 (11) of the Act.]

Reconsideration of decisions by AFMA and Administrative Appeals Tribunal

30. The provisions of section 165 of the Act apply to a decision:

(a) under subclause 16.2 that a person has not demonstrated that there are exceptional extenuating circumstances that caused an application to be made after the period referred to in paragraph 16.1 (a); and

(b) under subclause 17.5 that a person has not demonstrated that there are extenuating circumstances that caused an application to be made after the period referred to in paragraph 17.3 (b); and

(c) under subclause 26.4 that an applicant has not complied with this plan, the Act and any conditions to which the grant of a fishing right is subject;

as if the decision were a relevant decision within the meaning of that section.

Leasing arrangements

31. If the holder of a statutory fishing right leases the statutory fishing right, he or she must inform AFMA, in writing, accordingly.

Agents

32.1 The holder of a statutory fishing right may give AFMA notice in writing of the appointment of an agent of the holder for the purpose of the exercise of powers specified in the notification.

32.2 Notice given under this clause must be accompanied by the instrument, or a certified copy of the instrument, by which the holder appointed the agent.

32.3 AFMA is entitled to rely on a notice given under this clause for the purposes of making a decision and is under no duty to verify by other means the authority of the agent to make the application.

Notice in writing

33.1 A notice required or permitted by this plan to be given in writing to a holder:

(a) must be delivered to the residential or office address, or posted to the postal address, shown for the holder in the Register; and

(b) is taken to have been received by that person on delivery at that address or at 5.00 p.m. on the fifth working day after the day of posting, whichever first occurs.

33.2 A notice required or permitted by this plan to be given in writing to AFMA must be addressed to the Managing Director of the Australian Fisheries Management Authority, and

(a) delivered to the reception desk at:

The Burns Centre,

28 National Circuit,

Forrest,

Australian Capital Territory; or

(b) posted to:

PO Box 7051,

Canberra Mail Centre,

ACT 2610; or

(c) delivered or posted to any other office or postal address notified by the Managing Director of the Australian Fisheries Management Authority, by notice in writing published in a newspaper circulating in the State or Territory in which the address is located.

Notification by fax

34.1 In spite of subclause 33.1, a notice required or permitted by this plan to be given in writing to a person may be faxed to the fax number shown for that person in the Register.

34.2 A notice required or permitted by this plan to be given in writing to AFMA may be faxed to (06) 272 4614 or any other fax number notified by the Managing Director of the Australian Fisheries Management Authority, by notice published in a newspaper circulating nationally.

34.3 A fax is taken to have been received:

(a) if it was transmitted between 9.00 a.m. and 4.00 p.m. on any working day—1 hour after the time of transmission; and

(b) if it was transmitted after 4.00 p.m. on any working day but before 9.00 a.m. on the next working day—at 9.00 a.m. on the next working day.

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SCHEDULES

SCHEDULE 1 Clause 3.1

APPLICABLE NUMBER OF STATUTORY FISHING RIGHTS FOR A BOAT

1. Hull units

1.1 The number of hull units for a boat is the number equal to the nearest whole number calculated in accordance with the formula:

L x B x D x 0.2120141

where:

“L” is the length overall of the boat;

“B” is the maximum breadth of the boat amidships;

“D” is the moulded depth of the boat amidships;

1.2 The dimensions referred to in item 1.1 must be:

(a) subject to paragraph (c), measured in the same way as for the particulars of the prescribed characteristics of the boat for the form known as “Builder’s Certificate” prepared for purposes of Regulation 8 of the Shipping Registration Regulations; and

(b) expressed in metres calculated to 2 decimal places; and

(c) if the uppermost deck of the boat lies in more than one horizontal or generally horizontal plane, of which the higher extends further aft than amidships—the dimension “D” must be measured amidships to a line of reference extending from the lower surface of the lowermost of those planes along a line parallel to the plane next above that lowermost plane.

1.3 The dimensions must be measured exclusive of the dimension of any fitment or appendage such as a bowsprit, pulpit, landing stage, rail, sponson, fender or rubbing strip.

1.4 The dimensions of the boat must be measured and certified, at the expense of the holder of the boat licence, by a marine surveyor who is employed by the Commonwealth, a State or the Northern Territory or a person who is a member of one of the following International Classification Societies:

(a) Lloyds Register of Shipping;

(b) American Bureau of Shipping;

(d) det Norske Veritas;

(e) Germanischer Lloyd;

(f) Nippon Kaiji Kyokai.

2. Engine power units

2.1 The number of a boat’s engine power units is the number equal to the maximum continuous brake power safely obtainable at ambient temperature conditions of 27°C, expressed in kilowatts, rounded to the nearest whole number specified by the manufacturer in relation to the type of its propulsion engine.

2.2 For the purposes of item 2.1, the type of an engine must be identified by reference to:

(a) the manufacturer’s brand name for the engine; and

(b) the manufacturer’s model designation for the engine; and

(d) the serial number of the cylinder block of the engine; and

(e) the build number of the engine, if applicable; and

(f) the part number of the aspiration system or turbo group or part, if appropriate, fitted to the engine; and

(g) the kind of after-cooling system fitted to the engine, if applicable; and

(h) if the maximum continuous brake power of the engine referred to in item 2.1 is changed—certified dyno-test sheets, supplied by an engine testing facility approved by the engine’s manufacturer, detailing the exact engine specifications for the application for which the engine is to be used, including the actual maximum continuous brake power safely obtainable from the engine at ambient temperature conditions of 27°C expressed in kilowatts and rounded to the nearest whole number.

2.3 If an engine manufacturer:

(a) advises AFMA of the maximum continuous brake power, expressed in kilowatts, for engines of a particular type; and

(b) subsequently revises the maximum continuous brake power for engines of that type; and

the revised maximum continuous brake power is to be used in calculating the number of engine power units under item 2.1 for each engine of that type, installed in a boat after the day on which AFMA receives the manufacturer's notification, except for an engine for which a determination was made under the Northern Prawn Fishery Management Plan determined on 13 February 1986 under the Fisheries Act 1952 as amended and in force at any time before the former plan came into force.

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SCHEDULE 2 Clause 3.1

Area of the Northern Prawn Fishery

1. If, for the purposes of this plan of management, it is necessary to determine the position on the surface of the Earth of a point, line or area:

(a) that position must be determined by reference to the Australian Geodetic Datum, that is by reference to a spheroid having its centre at the centre of the Earth and a major (equatorial) radius of 6,378.160 metres and flattening of 1/298.25 and by reference to the Johnston Geodetic Station in the Northern Territory of Australia; and

(b) the Johnston Geodetic Station in the Northern Territory of Australia; must be taken to be situated at Latitude 25°56'54.5515" South and at Longitude 133°12'30.0771" East and to have a ground level of 571.2 metres above the spheroid referred to above.

2. The area of the Northern Prawn Fishery is that part of the Australian fishing zone adjacent to the coastal waters from low water of Western Australia, Northern Territory and Queensland bounded by a line:

(a) commencing at the intersection of the north-western shore of Australia by the meridian of Longitude 126° 58' East;

(b) running then north along that meridian to its intersection by the outer limit of the Australian fishing zone;

(d) then south along that meridian to its intersection by the parallel of Latitude 10° 28' South;

(e) then east along that parallel to its intersection by the meridian of Longitude 142° 09' East;

(f) then south along that meridian to its intersection by the northern shore of Australia; and

(g) then generally westerly along the northern shore of Australia to the point of commencement.

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NOTE

1. Notified in the Commonwealth of Australia Gazette on 1995.