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Cancellation Provisions In Australia's Commonwealth-Managed Fisheries, Richard Mason, Warwick Gullett
Cancellation Provisions In Australia's Commonwealth-Managed Fisheries, Richard Mason, Warwick Gullett
Warwick Gullett
In its recently completed review of Commonwealth fisheries policy the Australian Government, following submissions from the commercial fishing industry, agreed to examine the implications of replacing the power in the Fisheries Management Act 1991 (FM Act) to cancel fishing concessions for non-compliance with management measures that increased financial penalties. Industry argued that the cancellation provisions undermine the security of access rights and the Australian Government had accepted that the current provisions may be an impediment to investment in Commonwealth-managed fisheries. This paper reviews these concerns in light of property rights and compliance issues and concludes that there are no compelling …
Legal Framework And Enforcement Experience Of Marine Protected Areas In Tasmania, New South Wales And Commonwealth Waters, Warwick Gullett
Legal Framework And Enforcement Experience Of Marine Protected Areas In Tasmania, New South Wales And Commonwealth Waters, Warwick Gullett
Warwick Gullett
With the exception of the Great Barrier Reef Marine Park, there have been no prosecutions for specific offences within marine protected areas (MPAs) in Australia at the federal level or in Tasmania and New South Wales. However, it cannot be assumed that compliance is responsible for this lack of prosecutions. Rather, in some cases, enforcement officers prosecute offences under more general provisions found in fisheries legislation than under provisions for specific offences created in MPAs. In other cases, there has been a long lag time between the declaration of MPAs and the adoption of comprehensive and effective legislative arrangements creating …