{"id":"fisheries-adjustment-schemes-regulations-2009","name":"Fisheries Adjustment Schemes Regulations 2009","slug":"fisheries-adjustment-schemes-regulations-2009","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176665,"registerId":"wa-fisheries-adjustment-schemes-regulations-2009-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Fisheries Adjustment Schemes Regulations 2009","content":"![Crest]()Western Australia\n\nFisheries Adjustment Schemes Act 1987\n\nFisheries Adjustment Schemes Regulations 2009\n\nWestern Australia\n\nFisheries Adjustment Schemes Regulations 2009\n\nContents\n\nPart 1 — Preliminary\n\n1. Citation 1\n\n2. Commencement 1\n\nPart 2 — Abrolhos Islands Fishery\n\n3. Terms used 2\n\n4. Fee under s. 8 imposed 2\n\n5. Waiver of fee to be paid on 1 March 2021 3\n\nPart 4 — Shark Bay Prawn Managed Fishery\n\n10. Terms used 4\n\n11. Fee for 2021 — Act s. 8 4\n\n12. Waiver of fee to be paid on 1 March 2021 5\n\nPart 5 — Shark Bay Scallop Managed Fishery\n\n13. Terms used 6\n\n14. Fee under s. 8 imposed — generally 6\n\n15. Fee under s. 8 imposed — Managed Fishery Licence No. SBSC2094 7\n\nNotes\n\nCompilation table 8\n\nDefined terms\n\n  \n\nFisheries Adjustment Schemes Act 1987\n\nFisheries Adjustment Schemes Regulations 2009\n\n## Part 1 — Preliminary\n\n[Heading inserted: Gazette 12 Feb 2010 p. 589.]\n\n##### 1. Citation\n\n\t\tThese regulations are the *Fisheries Adjustment Schemes Regulations 2009*.\n\n##### 2. Commencement\n\nThese regulations come into operation as follows —\n\n(a) regulations 1 and 2 — on the day on which these regulations are published in the *Gazette*;\n\n(b) the rest of the regulations — on the day after that day.\n\n## Part 2 — Abrolhos Islands Fishery\n\n[Heading inserted: Gazette 12 Feb 2010 p. 589.]\n\n##### 3. Terms used\n\nIn this Part —\n\nAbrolhos Islands Fishery means the Fishery as defined in the Abrolhos Islands Notice clause 2;\n\nAbrolhos Islands Notice means the *Abrolhos Islands and Mid West Trawl Managed Fishery Voluntary Fisheries Adjustment Scheme Notice 2009* as amended by the *Abrolhos Islands and Mid West Trawl Managed Fishery Voluntary Fisheries Adjustment Scheme Amendment Notice 2010* and the *Abrolhos Islands and Mid West Trawl Managed Fishery Voluntary Fisheries Adjustment Scheme Amendment Notice 2015*;\n\nAbrolhos Islands Voluntary Scheme means the voluntary fisheries adjustment scheme established by the Abrolhos Islands Notice clause 3;\n\nauthorisation means an authorisation that authorises fishing in the Abrolhos Islands Fishery.\n\n[Regulation 3 amended: Gazette 12 Feb 2010 p. 589; 5 Jul 2011 p. 2823; 22 Jan 2016 p. 197.]\n\n##### 4. Fee under s. 8 imposed\n\n(1) For the purposes of the Abrolhos Islands Voluntary Scheme the fees specified in the Table are imposed in respect of each authorisation.\n\n(2) The date by which each fee specified in the Table must be paid is the date specified in the Table that corresponds to that fee.\n\n(3) The fees specified in the Table are payable to the CEO at the head office of the Department.\n\nTable\n\n| **Item** | **Fee imposed** | **Date by which fee must be paid** |\n| --- | --- | --- |\n| 1. | $84 858 | 31 March 2021 |\n| 2. | $112 921 | 1 March 2022 |\n| 3. | $107 461 | 1 March 2023 |\n| 4. | $108 015 | 1 March 2024 |\n| 5. | $105 273 | 1 March 2025 |\n| 6. | $102 531 | 1 March 2026 |\n| 7. | $101 115 | 1 March 2027 |\n\n\n[Regulation 4 inserted: Gazette 5 Jan 2018 p. 3‑4; amended: Gazette 20 Sep 2019 p. 3386; SL 2021/29 r. 4.]\n\n##### 5. Waiver of fee to be paid on 1 March 2021\n\nThe fee payable on 1 March 2021 under regulation 4, as in force immediately before the commencement of the *Fisheries Adjustment Schemes Amendment Regulations 2021* regulation 4, is waived.\n\n[Regulation 5 inserted: SL 2021/29 r. 5.]\n\n[**6.** Deleted: Gazette 5 Jul 2011 p. 2824.]\n\n[Part 3 (r. 7‑9) deleted: Gazette 20 Sep 2019 p. 3387.]\n\n## Part 4 — Shark Bay Prawn Managed Fishery\n\n[Heading inserted: Gazette 5 Jul 2011 p. 2824.]\n\n##### 10. Terms used\n\nIn this Part —\n\nauthorisation means an authorisation that authorises fishing in the Shark Bay Prawn Managed Fishery;\n\nShark Bay Prawn Managed Fishery means the Fishery as defined in the Shark Bay Prawn Managed Fishery Notice clause 2;\n\nShark Bay Prawn Managed Fishery Notice means the *Shark Bay Prawn Managed Fishery Voluntary Fisheries Adjustment Scheme Notice 2010*;\n\nShark Bay Prawn Managed Fishery Voluntary Scheme means the voluntary fisheries adjustment scheme established by the Shark Bay Prawn Managed Fishery Notice clause 3.\n\n[Regulation 10 inserted: Gazette 5 Jul 2011 p. 2824.]\n\n##### 11. Fee for 2021 — Act s. 8\n\n(1) For the purposes of the Shark Bay Prawn Managed Fishery Voluntary Scheme, the fees specified in the Table are imposed in respect of each authorisation and must be paid by the date set out opposite the fee in the Table.\n\nTable\n\n| **Item** | **Fee imposed** | **Date by which fee must be paid** |\n| --- | --- | --- |\n| 1. | $56 354 | 31 March 2021 |\n| 2. | $52 790 | 1 June 2021 |\n| 3. | $52 887 | 1 September 2021 |\n| 4. | $53 000 | 1 December 2021 |\n\n\n(2) The fees specified in the Table to subregulation (1) are payable to the CEO at the head office of the Department.\n\n[Regulation 11 inserted: SL 2021/29 r. 6.]\n\n##### 12. Waiver of fee to be paid on 1 March 2021\n\nThe fee payable on 1 March 2021 under this Part, as in force immediately before the commencement of the *Fisheries Adjustment Schemes Amendment Regulations 2021* regulation 6, is waived.\n\n[Regulation 12 inserted: SL 2021/29 r. 6.]\n\n[**12A.** Deleted: SL 2021/29 r. 6.]\n\n## Part 5 — Shark Bay Scallop Managed Fishery\n\n[Heading inserted: Gazette 5 Jul 2011 p. 2825.]\n\n##### 13. Terms used\n\nIn this Part —\n\nmanaged fishery licence has the meaning given in the Shark Bay Scallop Managed Fishery Notice clause 2;\n\nShark Bay Scallop Managed Fishery Notice means the *Shark Bay Scallop Managed Fishery Voluntary Fisheries Adjustment Scheme Notice 2010*;\n\nShark Bay Scallop Managed Fishery Voluntary Scheme means the voluntary fisheries adjustment scheme established by the Shark Bay Scallop Managed Fishery Notice clause 3.\n\n[Regulation 13 inserted: Gazette 5 Jul 2011 p. 2825; amended: Gazette 20 Sep 2019 p. 3387.]\n\n##### 14. Fee under s. 8 imposed — generally\n\n(1) For the purposes of the Shark Bay Scallop Managed Fishery Voluntary Scheme, the fees specified in the Table are imposed in respect of each managed fishery licence, other than Managed Fishery Licence No. SBSC2094.\n\n(2) The date by which each fee specified in the Table must be paid is the date specified in the Table that corresponds to that fee.\n\n(3) The fees specified in the Table are payable to the CEO at the head office of the Department.\n\nTable\n\n| **Fee imposed** | **Date by which fee must be paid** |\n| --- | --- |\n| $110 097 | 1 March 2020 |\n| $109 521 | 1 March 2021 |\n| $52 496 | 1 March 2022 |\n| $51 526 | 1 March 2023 |\n\n\n[Regulation 14 inserted: Gazette 20 Sep 2019 p. 3387.]\n\n##### 15. Fee under s. 8 imposed — Managed Fishery Licence No. SBSC2094\n\n(1) For the purposes of the Shark Bay Scallop Managed Fishery Voluntary Scheme, the fees specified in the Table are imposed in respect of Managed Fishery Licence No. SBSC2094.\n\n(2) The date by which each fee specified in the Table must be paid is the date specified in the Table that corresponds to that fee.\n\n(3) The fees specified in the Table are payable to the CEO at the head office of the Department.\n\nTable\n\n| **Fee imposed** | **Date by which fee must be paid** |\n| --- | --- |\n| $107 526 | 1 March 2020 |\n| $106 951 | 1 March 2021 |\n\n\n[Regulation 15 inserted: Gazette 20 Sep 2019 p. 3387‑8.]\n\n![dline]()\n\nNotes\n\nThis is a compilation of the *Fisheries Adjustment Schemes Regulations 2009* and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table.\n\nCompilation table\n\n| **Citation** | **Published** | **Commencement** |\n| --- | --- | --- |\n| *Fisheries Adjustment Schemes Regulations 2009* | 8 Dec 2009 p. 4992-3 | r. 1 and 2: 8 Dec 2009 (see r. 2(a));<br>Regulations other than r. 1 and 2: 9 Dec 2009 (see r. 2(b)) |\n| *Fisheries Adjustment Schemes Amendment Regulations 2010* | 12 Feb 2010 p. 589-90 | r. 1 and 2: 12 Feb 2010 (see r. 2(a));   Regulations other than r. 1 and 2: 13 Feb 2010 (see r. 2(b)) |\n| *Fisheries Adjustment Schemes Amendment Regulations 2011* | 5 Jul 2011 p. 2823‑5 | r. 1 and 2: 5 Jul 2011 (see r. 2(a));   Regulations other than r. 1 and 2: 6 Jul 2011 (see r. 2(b)) |\n| *Fisheries Adjustment Schemes Amendment Regulations 2015* | 13 Jan 2015 p. 247‑9 | r. 1 and 2: 13 Jan 2015 (see r. 2(a));   Regulations other than r. 1 and 2: 14 Jan 2015 (see r. 2(b)) |\n| *Fisheries Adjustment Schemes Amendment Regulations 2016* | 22 Jan 2016 p. 197-8 | r. 1 and 2: 22 Jan 2016 (see r. 2(a));   Regulations other than r. 1 and 2: 23 Jan 2016 (see r. 2(b)) |\n| **Reprint 1: The *Fisheries Adjustment Schemes Regulations 2009* as at 10 Mar 2017** (includes amendments listed above) | | |\n| *Fisheries Adjustment Schemes Amendment Regulations 2017* | 5 Jan 2018 p. 3‑4 | r. 1 and 2: 5 Jan 2018 (see r. 2(a));   Regulations other than r. 1 and 2: 6 Jan 2018 (see r. 2(b)) |\n| *Fisheries Adjustment Schemes Amendment Regulations 2019* | 20 Sep 2019 p. 3386‑8 | r. 1 and 2: 20 Sep 2019 (see r. 2(a));   Regulations other than r. 1 and 2: 21 Sep 2019 (see r. 2(b)) |\n| *Fisheries Adjustment Schemes Amendment Regulations 2020* | SL 2020/226 20 Nov 2020 | r. 1 and 2: 20 Nov 2020 (see r. 2(a));   Regulations other than r. 1 and 2: 21 Nov 2020 (see r. 2(b)) |\n| *Fisheries Adjustment Schemes Amendment Regulations 2021* | SL 2021/29 26 Mar 2021 | r. 1 and 2: 26 Mar 2021 (see r. 2(a));   Regulations other than r. 1 and 2: 27 Mar 2021 (see r. 2(b)) |\n\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\nAbrolhos Islands Fishery 3\n\nAbrolhos Islands Notice 3\n\nAbrolhos Islands Voluntary Scheme 3\n\nauthorisation 3, 10\n\nmanaged fishery licence 13\n\nShark Bay Prawn Managed Fishery 10\n\nShark Bay Prawn Managed Fishery Notice 10\n\nShark Bay Prawn Managed Fishery Voluntary Scheme 10\n\nShark Bay Scallop Managed Fishery Notice 13\n\nShark Bay Scallop Managed Fishery Voluntary Scheme 13\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The regulations originally set fee schedules for voluntary fisheries adjustment schemes and have been modified over time (2010–2021) to add or revise fishery‑specific fee tables, introduce licence‑specific treatment (SBSC2094), and insert temporary waivers for the 1 March 2021 payments (see SL 2021/29). Parts and individual provisions have also been deleted or reinserted by successive amendments, so the operative scope now includes amended fee obligations and limited waivers that did not appear in the initial 2009 text."},"complexity_factors":["Multiple fishery‑specific Parts (Abrolhos Islands, Shark Bay Prawn, Shark Bay Scallop) each with separate fee tables","Different payment dates across items and years, requiring tracking of time‑staged obligations","Licence‑specific exception (Managed Fishery Licence No. SBSC2094) with its own fee schedule","Waiver provisions that alter obligations for a specific payment date (1 March 2021) introduced by the 2021 amendment","Reliance on external Notices to define each Fishery and the Voluntary Scheme (cross‑references instead of in‑text definitions)","Series of amendments and deletions across 2010–2021 that change fees and structure (compilation table documents amendment history)","Payments mandated to a single administrative recipient (CEO of the Department), concentrating collection and compliance","Statutory basis linked to the Fisheries Adjustment Schemes Act (s.8) — the regulations operate as fee schedules rather than broad regulatory standards"],"plain_english_summary":"These regulations impose fixed fees on holders of fishing authorisations or managed fishery licences to support voluntary fisheries adjustment schemes for several Western Australian fisheries, and set the dates and recipient (the Department CEO) for payment. The 2021 amendments waive certain fees that would have fallen due on 1 March 2021. The rules change licence-holders' cashflow and create an administrative payment obligation that affects decisions about continuing, exiting or transferring fishing entitlements."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":true,"description":"The original 2009 regulations appear to have covered additional fisheries (evidenced by the deletion of Part 3 in 2019 and multiple amendment regulations). The current version is significantly narrower, now only covering three specific fisheries (Abrolhos Islands, Shark Bay Prawn, and Shark Bay Scallop) after the removal of the Mid West Trawl and other schemes. The scope has contracted rather than expanded, but the legislative vehicle remains in place for future fee impositions."},"complexity_factors":["Short length (15 regulations, many deleted)","Minimal cross-referencing—only refers to external 'Notices' that establish the voluntary schemes","Simple tabular structure for fee schedules with clear dates and amounts","Straightforward definitions section (only 9 defined terms total)","No nested exceptions or conditional logic beyond the single licence exception in reg 14(1) and reg 15","Legislative history clearly marked but does not affect operative provisions"],"plain_english_summary":"This is Western Australian (not Commonwealth) legislation that sets out the fees payable by commercial fishers who participate in voluntary 'buy-back' schemes designed to reduce fishing pressure in specific WA fisheries.\n\n**What it does:**\nThe Regulations impose fees on fishing licences and authorisations under three voluntary fisheries adjustment schemes:\n- **Abrolhos Islands Fishery** (rock lobster and other species)\n- **Shark Bay Prawn Managed Fishery** \n- **Shark Bay Scallop Managed Fishery**\n\nThese schemes are essentially government-run programs where fishers pay fees to be part of a managed fishery, with the money typically used to fund the voluntary retirement (buy-back) of fishing entitlements to reduce the total number of boats or pots in the fishery.\n\n**Who it affects:**\n- Commercial fishers holding authorisations or licences in the three specified WA fisheries\n- The fees range from roughly $52,000 to $113,000 depending on the fishery and year\n- One specific licence (SBSC2094) in the scallop fishery has its own separate fee schedule\n\n**Key features:**\n- **Fees are scheduled** with specific payment dates stretching from 2020 to 2027\n- **Waivers exist** for fees that would have been due on 1 March 2021 (likely COVID-19 relief)\n- **Part 3 was deleted** in 2019 (previously covered another fishery)\n- Fees are paid to the CEO of the Department of Primary Industries and Regional Development (or its successor)\n\n**Why it matters:**\nThese fees fund the structural adjustment of WA's commercial fishing industry—essentially paying for the orderly reduction of fishing effort to ensure sustainability while compensating fishers who exit the industry."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not available for review. No determination can be made as to whether the regulations diverged from their original intent."},"complexity_factors":["No legislative content was retrievable — the source page returned a 404/unavailable error","Complexity cannot be meaningfully assessed without access to the actual text","Score of 1 reflects absence of analysable content, not simplicity of the underlying law"],"plain_english_summary":"The Fisheries Adjustment Schemes Regulations 2009 (WA) set out how the State can run adjustment schemes—such as licence buy‑backs or compensation—to help commercial fishers and boat operators transition when fisheries are restructured or rights are reduced. It primarily affects Western Australian commercial licence holders and matters because it governs compensation, industry exit mechanisms and the practical implementation of fisheries reform."}},"importantCases":[],"_links":{"self":"/api/acts/fisheries-adjustment-schemes-regulations-2009","history":"/api/acts/fisheries-adjustment-schemes-regulations-2009/history","analysis":"/api/acts/fisheries-adjustment-schemes-regulations-2009/analysis","conflicts":"/api/acts/fisheries-adjustment-schemes-regulations-2009/conflicts","importantCases":"/api/acts/fisheries-adjustment-schemes-regulations-2009/important-cases","documents":"/api/acts/fisheries-adjustment-schemes-regulations-2009/documents"}}