Environment Protection and Biodiversity Conservation Amendment Regulations 2002 (No. 1)¹

I, PETER JOHN HOLLINGWORTH, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Environment Protection and Biodiversity Conservation Act 1999.

Dated 2 May 2002

PETER HOLLINGWORTH

Governor-General

By His Excellency’s Command

SHARMAN STONE

1              Name of Regulations

                These Regulations are the Environment Protection and Biodiversity Conservation Amendment Regulations 2002 (No. 1).

2              Commencement

                These Regulations commence on gazettal.

3              Amendment of Environment Protection and Biodiversity Conservation Regulations 2000

                Schedule 1 amends the Environment Protection and Biodiversity Conservation Regulations 2000.

Schedule 1        Amendment

(regulation 3)

[1]           After Part 2

insert

Part 2A               Actions covered by Ministerial declarations

2A.01      Criteria for accreditation of management plans for Commonwealth managed fisheries

         (1)   This regulation applies in relation to a decision by the Minister to accredit a management plan that applies to a fishery for the purposes of a declaration under section 33 of the Act.

         (2)   For paragraph 33 (3) (a) of the Act, the criteria that must be met by the management plan and the law under which it is in force, or is to be in force, are as follows:

                (a)    the law under which the management plan is in force, or is to be in force, must be the Fisheries Management Act 1991 or the Torres Strait Fisheries Act 1984;

               (b)    the management plan must be endorsed by the Minister under an agreement made under section 146 of the Act;

                (c)    the management plan must be in the form in which it was endorsed.

         (3)   In this regulation:

fishery means a fishery to which the Fisheries Management Act 1991 or the Torres Strait Fisheries Act 1984 applies.

1.       These Regulations amend Statutory Rules 2000 No. 181, as amended by 2001 Nos. 179, 306 and 327.

2.       Notified in the Commonwealth of Australia Gazette on 9 May 2002.