{"id":"F2005B02455","name":"Northern Prawn Fishery Management Plan 1995","slug":"northern-prawn-fishery-management-plan-1995","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":32754,"registerId":"commonwealth-F2005B02455-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Northern Prawn Fishery Management Plan 1995","content":"![Commonwealth Coat of Arms of Australia](image.001.png)\n\nNorthern Prawn Fishery Management Plan 1995\n\nmade under section 17 of the\n\nFisheries Management Act 1991\n\nCompilation No. 7\n\nCompilation date: 14 October 2024\n\nIncludes amendments: F2024L01167\n\nAbout this compilation\n\nThis compilation\n\nThis is a compilation of the Northern Prawn Fishery Management Plan 1995 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date).\n\nThe notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.\n\nUncommenced amendments\n\nThe effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.\n\nApplication, saving and transitional provisions for provisions and amendments\n\nIf the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.\n\nEditorial changes\n\nFor more information about any editorial changes made in this compilation, see the endnotes.\n\nModifications\n\nIf the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.\n\nSelf‑repealing provisions\n\nIf a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.\n\nContents\n\nPart 1 Introductory provisions\n\n1 Name of Plan\n\n3 Interpretation\n\n3A Meaning of commercial fishing in the Northern Prawn Fishery area\n\n4 Objectives\n\n5 Measures\n\n6 Performance criteria\n\nPart 2 Statutory fishing rights\n\n7 Gear statutory fishing rights\n\n7A Determination of fishing capacity\n\n8 Top up statutory fishing rights\n\n11 Class B statutory fishing rights\n\n12 Active Class B statutory fishing rights\n\n13 Surplus Class B statutory fishing rights\n\n14 Who may fish commercially in the Northern Prawn Fishery area\n\n14A Who may receive, carry or process fish\n\n15 Maximum number of statutory fishing rights\n\n15A Maximum number of fishing permits for collecting broodstock\n\n16 Registration of eligible persons (Act s 26)\n\n16A Provisional grants of statutory fishing rights (Act s 23)\n\n16B Holders of old suspense Class A statutory fishing rights\n\n17 Request for grant (Act s 31)\n\n17A Certificates proving grant of Class B statutory fishing rights (Act s 22 (2))\n\n17B Certificates proving grant of gear or top up statutory fishing rights (Act s 22 (2))\n\n17C Certificates may show grant of more than 1 statutory fishing right\n\n22 Obligations on the holders of fishing concessions\n\n23A Obligations on holders of fishing permits (Act s 17 (6))\n\n23B Election about holding gear statutory fishing rights\n\n24 When Class B statutory fishing rights cease to be in force\n\n24A When top up statutory fishing rights cease to be in force\n\nPart 3 Miscellaneous\n\n29 Delegation\n\n30 Reconsideration of decisions by AFMA and Administrative Review Tribunal\n\n32 Agents\n\n33 Notice in writing\n\n34 Notification by fax\n\n35 Transitional\n\nSchedule 1 Area of the Northern Prawn Fishery\n\nEndnotes\n\nEndnote 1—About the endnotes\n\nEndnote 2—Abbreviation key\n\nEndnote 3—Legislation history\n\nEndnote 4—Amendment history\n\nPart 1 Introductory provisions\n\n1 Name of Plan\n\nThis Plan is the Northern Prawn Fishery Management Plan 1995.\n\n3 Interpretation\n\nIn this Plan, unless the contrary intention appears:\n\n> Act means the Fisheries Management Act 1991.\n\n> acting for, in relation to a person, means acting with the consent of, and on behalf of, the person.\n\n> active Class B statutory fishing right has the meaning given in section 12.\n\n> agent, of the owner or holder of a statutory fishing right, means:\n\n(a) a person responsible for the affairs and property of the owner or holder under a law of the Commonwealth, a State or Territory, including a receiver, liquidator, trustee or guardian of the owner or holder, or an executor or administrator of the owner’s or holder’s estate; or\n\n(b) a person appointed as the owner’s or holder’s agent and notified to AFMA under subsection 32 (1).\n\n> by‑catch action plan means a plan to reduce the incidental catch of non‑target commercial and other species in the Northern Prawn Fishery area to a minimum.\n\n> certificate, for a statutory fishing right, means a certificate given under subsection 22 (2) of the Act as evidence of the grant of the statutory fishing right.\n\n> Class B statutory fishing right means a statutory fishing right described in section 11.\n\n> collecting broodstock means collecting live prawns for aquaculture operations.\n\n> ecologically related species means:\n\n(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\n\n(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.\n\n> eligible person, for a statutory fishing right, means a person who is registered as an eligible person for a grant of the fishing right under section 26 of the Act.\n\n> footrope, for a prawn trawl net, means the rope to which the netting at the bottom of the net is attached at the mouth of the net.\n\n> gear statutory fishing right means a statutory fishing right described in section 7.\n\n> headrope, for a prawn trawl net, means the rope to which the netting at the top of the net is attached at the mouth of the net.\n\n> Northern Prawn Fishery means commercial fishing in the Northern Prawn Fishery area.\n\nNorthern Prawn Fishery area means the area described in Schedule 1.\n\n> old Class A statutory fishing right means a Class A statutory fishing right within the meaning of clause 7 of this Plan, as in force immediately before the commencement of this definition.\n\n> old suspense Class A statutory fishing right means a Class A statutory fishing right within the meaning of clause 9 of this Plan, as in force immediately before the commencement of this definition.\n\n> operational footrope, for a prawn trawl net, means the part of the footrope of the net that lies between the 2 outermost points at which the netting at the bottom of the net is attached to the footrope.\n\n> operational headrope, for a prawn trawl net, means the part of the headrope of the net that lies between the 2 outermost points at which the netting at the top of the net is attached to the headrope.\n\n> provisional grant means a grant or grants to which section 23 of the Act applies.\n\n> statutory fishing right means a gear statutory fishing right, top up statutory fishing right, or Class B statutory fishing right, for the Northern Prawn Fishery.\n\n> surplus Class B statutory fishing right has the meaning given in section 13.\n\n> top up statutory fishing right means a statutory fishing right described in section 8.\n\n> try net means a prawn trawl net that:\n\n(a) is used with otter boards or a beam; and\n\n(b) has:\n\n(i) up to 3.66 metres of operational headrope; and\n\n(ii) up to 5.49 metres of operational footrope.\n\n> 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:\n\n> Note: AFMA means the Australian Fisheries Management Authority.\n\n> Note: Australian fishing zone means:\n\n> Note: (a) the waters adjacent to Australia within the outer limits of the exclusive economic zone; and\n\n> Note: (b) the waters adjacent to each external Territory within the outer limits of the exclusive economic zone;\n\n> Note: but does not include:\n\n> Note: (c) coastal waters of, or waters within the limits of, a State or internal territory; or\n\n> Note: (d) waters that are excepted waters.\n\n> Note: 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.\n\n> Note: fish includes all species of bony fish, sharks, rays, crustaceans, molluscs and other marine organisms, but does not include marine mammals or marine reptiles.\n\n> Note: officer means:\n\n> Note: (a) a person appointed under section 83 of the Act to be an officer for the purposes of the Act; or\n\n> Note: (b) a member or special member of the Australian Federal Police or a member of the police force of a State or Territory; or\n\n> Note: (c) a member of the Defence Force.\n\n> Note: Register means the Register of Statutory Fishing Rights kept by AFMA under section 44 of the Act.\n\n> Note: scientific permit means a scientific permit granted under section 33 of the Act.\n\n> Note: statutory fishing right has the meaning given by section 21 of the Act.\n\n3A Meaning of commercial fishing in the Northern Prawn Fishery area\n\nIn this Plan, commercial fishing in the Northern Prawn Fishery area means fishing of the kind mentioned in subsection 14 (4) or (5).\n\n4 Objectives\n\nThe objectives of this Plan are to make sure:\n\n(a) that the objectives pursued by the Minister in the administration of the Act, and by AFMA in the performance of its functions, are met in relation to the Northern Prawn Fishery; and\n\n(b) that the incidental catch of non‑target commercial and other species in that Fishery is reduced to a minimum.\n\n5 Measures\n\nThe measures by which the objectives of this plan are to be attained include:\n\n(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\n\n(b) implementing an effective program of surveillance for the Northern Prawn Fishery to ensure compliance with this plan; and\n\n(c) promoting research that is relevant to the Northern Prawn Fishery; and\n\n(d) preparing an annual budget of costs associated with managing the Northern Prawn Fishery; and\n\n(e) setting and collecting levies and fees in relation to the Northern Prawn Fishery; and\n\n(f) collecting data that can be used to assess the status of the Northern Prawn Fishery; and\n\n(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; and\n\n(h) developing and implementing a by‑catch action plan.\n\n6 Performance criteria\n\n(1) The performance criteria against which the measures taken may be assessed are:\n\n(a) the status of economic efficiency of the Northern Prawn Fishery; and\n\n(b) the status of the biological resources and environmental conditions in the Northern Prawn Fishery area; and\n\n(c) the cost effectiveness of the management arrangements for the Northern Prawn Fishery.\n\n(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.\n\n(3) AFMA must publish an annual report assessing the performance of this plan with reference to the most recent assessment carried out under subsection (2).\n\nPart 2 Statutory fishing rights\n\n7 Gear statutory fishing rights\n\n(1) A gear statutory fishing right is a right to use the following equipment for commercial fishing in the Northern Prawn Fishery area:\n\n(a) if a determination under section 7A is in force, for each method mentioned in the determination:\n\n(i) a prawn trawl net with an operational headrope of a length calculated by dividing the total length of operational headrope specified in the determination by 53 844 (measured when the rope is taut); and\n\n(ii) a prawn trawl net with an operational footrope of a length calculated by multiplying the length of operational headrope worked out under subparagraph (i) by 1.15 (measured when the rope is taut); and\n\n(iii) the netting attached to that operational headrope and footrope;\n\n(b) if no determination is in force under section 7A:\n\n(i) 10 centimetres of operational headrope, and 11.5 centimetres of operational footrope, of a prawn trawl net (measured when the ropes are taut); and\n\n(ii) the netting attached to that operational headrope and footrope.\n\n7A Determination of fishing capacity\n\n(1) AFMA may determine:\n\n(a) one or more methods by which prawn trawl nets may be used in the Northern Prawn Fishery; and\n\n(b) for each method so determined — the total length of operational headrope that may be used under gear statutory fishing rights when that method is employed in the Northern Prawn Fishery.\n\n> Note A determination under this section is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901: see subsection 17 (6B) of the Act.\n\n(2) Before making a determination under subsection (1), AFMA must:\n\n(a) consult, and consider the views of, the Northern Prawn Fishery Management Advisory Committee; and\n\n(b) invite interested persons to make representations in connection with the proposed determination by a date specified in the invitation; and\n\n(c) consider any representations received from interested persons by the date specified in the invitation under paragraph (b).\n\n(4) In subsection (2):\n\n> interested person includes:\n\n(a) a person who can demonstrate an ongoing involvement in the Northern Prawn Fishery that is likely to be affected by a determination under subsection (1); and\n\n(b) an entity the objects or purposes of which include, or the activities of which relate to, the Northern Prawn Fishery.\n\n8 Top up statutory fishing rights\n\n(1) A top up statutory fishing right is a right to use the following equipment for commercial fishing in the Northern Prawn Fishery area:\n\n(a) 10 centimetres of operational headrope, and 11.5 centimetres of operational footrope, of a prawn trawl net (measured when the ropes are taut);\n\n(b) the netting attached to that operational headrope and footrope.\n\n(2) A top up statutory fishing right is:\n\n(a) in force for 2 years beginning on the date of grant of the fishing right; and\n\n(b) non‑transferable.\n\n> Note See s 3A for the meaning of commercial fishing in the Northern Prawn Fishery area.\n\n11 Class B statutory fishing rights\n\nA Class B statutory fishing right is:\n\n(a) an active Class B statutory fishing right; or\n\n(b) a surplus Class B statutory fishing right.\n\n12 Active Class B statutory fishing rights\n\nAn active Class B statutory fishing right is a right:\n\n(a) to use a trawl boat for commercial fishing in the Northern Prawn Fishery area; and\n\n(b) for which there is a nominated boat.\n\n13 Surplus Class B statutory fishing rights\n\nA surplus Class B statutory fishing right is a right:\n\n(a) to use a trawl boat for commercial fishing in the Northern Prawn Fishery area; and\n\n(b) for which there is no nominated boat.\n\n> Note See s 3A for the meaning of commercial fishing in the Northern Prawn Fishery area.\n\n14 Who may fish commercially in the Northern Prawn Fishery area\n\n(1) If subsection (2) or (3) applies to a person, the person may engage in commercial fishing in the Northern Prawn Fishery area.\n\n> Note See s 3A for the meaning of commercial fishing in the Northern Prawn Fishery area.\n\n(2) This subsection applies to a person if:\n\n(a) the person:\n\n(i) is using a nominated boat; and\n\n(ii) is, or is acting for, the holder of an active Class B statutory fishing right in force for the boat; and\n\n(b) the boat is also nominated for at least 100 gear or top up statutory fishing rights.\n\n(3) This subsection applies to a person if:\n\n(a) the person is, or is acting for the holder of:\n\n(i) a scientific permit for the Northern Prawn Fishery; or\n\n(ii) a fishing permit for collecting broodstock from the Northern Prawn Fishery area; and\n\n(b) the permit authorises the holder to engage in commercial fishing in the Fishery area.\n\n(4) The person may engage in commercial fishing in the Northern Prawn Fishery area for:\n\n(a) any species of prawns (including penaeid and carid prawns), scampi, bugs or scallops; and\n\n(b) any species of squid, using a prawn trawl apparatus.\n\n(5) The person may engage in commercial fishing in the area for any other species of fish only if the fish are taken:\n\n(a) as an incidental part of fishing for the fish mentioned in paragraph (4) (a) or (b); or\n\n(b) in accordance with another plan of management under the Act, or under a law of a State or Territory, that applies to the Fishery.\n\n(6) However, the person may only engage in the commercial fishing mentioned in subsection (4) or (5) if:\n\n(a) the person is using a method for trawling mentioned in a determination in force under subsection 7A (1); and\n\n(b) the person is using prawn trawl nets that have a combined operational headrope and footrope length (except for the operational headrope and footrope length of a try‑net) that is not greater than the combined operational headrope and footrope length that the gear and top up statutory fishing rights nominated for the boat allow the person to use.\n\n14A Who may receive, carry or process fish\n\nA person may receive by transhipment, carry or process fish taken in accordance with section 14 only if:\n\n(a) the person:\n\n(i) is using a boat for which a fishing permit is in force for the Northern Prawn Fishery; and\n\n(ii) is, or is acting for, the holder of the fishing permit; or\n\n(b) the person is, or is acting for, the holder of a Class B statutory fishing right for which a boat is nominated.\n\n15 Maximum number of statutory fishing rights\n\nAFMA must make sure that, at any one time:\n\n(a) no more than 53,844 gear statutory fishing rights are in force; and\n\n(b) no more than 132 Class B statutory fishing rights are in force.\n\n15A Maximum number of fishing permits for collecting broodstock\n\nAFMA must not allow more than 3 fishing permits for collecting broodstock from the Northern Prawn Fishery area to be in force at a time.\n\n16 Registration of eligible persons (Act s 26)\n\n(1) This section applies if AFMA publishes a notice, under section 24 of the Act, declaring that AFMA intends to grant statutory fishing rights for the Northern Prawn Fishery.\n\n(2) A person satisfies the conditions for registration as an eligible person for the grant of a gear statutory fishing right if the person is the owner of an old Class A statutory fishing right immediately before the end of the period stated in the notice.\n\n> Note The Register of Statutory Fishing Rights kept by AFMA for the Northern Prawn Fishery includes information about the owner of a statutory fishing right.\n\n(3) A person satisfies the conditions for registration as an eligible person for the grant of a top up statutory fishing right if, immediately before the end of the period stated in the notice:\n\n(a) the person is the holder of an active Class B statutory fishing right for a boat; and\n\n(b) up to 299 old Class A statutory fishing rights are nominated for the boat.\n\n> Note A person who satisfies the conditions for registration as an eligible person for the grant of a statutory fishing right may apply to AFMA, in the approved form, for registration as an eligible person for the grant of the right. The application must be made within the period stated in the notice published under s 24 of the Act: see para 25 (f) and subs 26 (1) of the Act.\n\n16A Provisional grants of statutory fishing rights (Act s 23)\n\n(1) If a person is registered as an eligible person for the grant of a statutory fishing right, AFMA must make a provisional grant of the fishing right to the person in accordance with this section.\n\n(2) If the person is registered as an eligible person for the grant of a gear statutory fishing right, the provisional grant is 1 gear statutory fishing right for each old Class A statutory fishing right owned by the person immediately before the end of the period mentioned in subsection 16 (2).\n\n(3) If the person is also registered as an eligible person for the grant of a top up statutory fishing right, the provisional grant also includes the number of top up statutory fishing rights worked out using the formula:\n\n300 – n;\n\nwhere:\n\n> n is the number of old Class A statutory fishing rights nominated for a boat immediately before the end of the period mentioned in subsection 16 (2).\n\n> Note See Div 3 of Pt 8 of the Act about review by the Statutory Fishing Rights Allocation Review Panel of a provisional grant.\n\n16B Holders of old suspense Class A statutory fishing rights\n\n(1) This section applies if:\n\n(a) an eligible person for section 16A asks AFMA, under section 31 of the Act, to grant to the person 1 gear statutory fishing right for each old Class A statutory fishing right owned by the person immediately before the end of the period mentioned in subsection 16 (2); and\n\n(b) a number of the old Class A statutory fishing rights so owned are old suspense Class A statutory fishing rights, within the meaning of this Plan, as in force immediately before the commencement of this section.\n\n> Note Under s 31 of the Act, if a person to whom the grant of a fishing right is available asks AFMA to grant the fishing right, AFMA must grant the fishing right to the person. The grant is not the same as a provisional grant under s 16A of this Plan.\n\n(2) The person may state that the person does not intend to apply for a boat to be nominated for a stated number of gear statutory fishing rights.\n\n(3) The maximum number of gear statutory fishing rights that the person may include in the statement is the number of old suspense Class A statutory fishing rights owned by the person.\n\n17 Request for grant (Act s 31)\n\n(1) AFMA may grant a statutory fishing right to a person only if:\n\n(a) a notice mentioned in subsection 23 (2) of the Act stating that the person is to be granted the right is published in the Gazette (the Gazette notice); and\n\n(b) the person requests AFMA to make the grant.\n\n> Note 1 Under subs 23 (3) of the Act, AFMA must not grant a statutory fishing right:\n\n(a) until the end of the period within which applications may be made to the Panel for review of provisional grants; or\n\n(b) if an application has been made to the Panel — before the application has been dealt with by the Panel or otherwise disposed of.\n\n> Note 2 Subsection 30 (2) of the Act provides that a grant ceases to be available to a person if the person does not tender the amount of charge due and payable under the Statutory Fishing Rights Charge Act 1991 within 30 days after the grant becomes available to the person. At present, there is no charge payable under that Act for statutory fishing rights granted other than by auction or tender.\n\n(2) Subsection (3) applies if the person does not make the request for the grant within 30 days after the later of:\n\n(a) the end of the period within which, under section 143 of the Act, applications to the Panel may be made for review of the decision mentioned in subsection 23 (1) of the Act made by AFMA or a Joint Authority in relation to the grant; and\n\n(b) if an application in relation to the decision is made to the Panel under section 143 of the Act — the day the application is dealt with by the Panel or otherwise disposed of.\n\n(3) AFMA must send a notice (the reminder notice) to the person telling the person that the person must make the request within the period stated in the notice and indicating the consequences for failure to do so.\n\n(4) If the person does not make the request within the period stated in the reminder notice, AFMA must send another notice (the final notice) to the person stating that the person’s registration will be cancelled if the person does not, within 14 days after the final notice is sent:\n\n(a) make the request; and\n\n(b) explain to AFMA why the person did not make the request within the period stated in the reminder notice.\n\n(5) AFMA must cancel the person’s registration as an eligible person if, despite a final notice, the person does not:\n\n(a) make the request within 14 days after the final notice is sent; and\n\n(b) have a reasonable excuse for not making the request within the period stated in the reminder notice; and\n\n(c) explain the excuse to AFMA within 14 days after the final notice is sent.\n\n(6) If AFMA cancels a person’s registration as an eligible person, AFMA must amend its records accordingly.\n\n> Note 1 AFMA must grant a statutory fishing right to a person to whom the grant of the right is available if the person asks AFMA to grant the right: see s 31 of the Act. See note 1 after subs 17 (1) for when a grant is not available because an application may be made, or is made, to the Panel for review of the decision in relation to the grant.\n\n> Note 2 A statutory fishing right ceases to have effect if AFMA revokes this Plan: see subs 20 (4) and 22 (3) of the Act.\n\n> Note 3 AFMA must register all statutory fishing rights granted: see s 45 of the Act.\n\n17A Certificates proving grant of Class B statutory fishing rights (Act s 22 (2))\n\n(1) AFMA must record on the certificate for a Class B statutory fishing right the information about the fishing right that is entered on the Register.\n\n(2) In addition, AFMA must record on the certificate for a Class B statutory fishing right:\n\n(a) the number of gear statutory fishing rights in relation to which the Class B statutory fishing right is held; and\n\n(b) the number of top up statutory fishing rights (if any) in relation to which the Class B statutory fishing right is held.\n\n17B Certificates proving grant of gear or top up statutory fishing rights (Act s 22 (2))\n\n(1) AFMA must record on a person’s certificate for a gear or top up statutory fishing right the information about the fishing right that is entered on the Register.\n\n(2) If the person elects, under section 23B, to hold the statutory fishing right in relation to a Class B statutory fishing right, AFMA must also record on the certificate the registered number of the Class B statutory fishing right.\n\n(3) If the person states, in accordance with section 16B, that the person does not intend to apply for a boat to be nominated for a number of gear statutory fishing rights, AFMA must also record the statement on the certificate.\n\n17C Certificates may show grant of more than 1 statutory fishing right\n\nAFMA may give a person a certificate as evidence of the grant of more than 1 statutory fishing right.\n\n22 Obligations on the holders of fishing concessions\n\n(1) The holder of a statutory fishing right must:\n\n(c) give to AFMA any biological, economic and technical data available to the holder if AFMA requests it; and\n\n(e) comply with this plan; and\n\n(ea) comply with any by‑catch action plan to make sure that the incidental catch of any species that the holder is not entitled to take, except as by‑catch, is kept to a minimum; and\n\n(f) comply with all other conditions to which the statutory fishing right is subject; and\n\n(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; and\n\n(h) make sure that a nominated boat does not receive prawns or by‑catch taken by another boat, unless each container of the prawns or by‑catch has attached to it a written statement, capable of being read on its arrival at a processing plant, showing:\n\n(i) the name of the boat that took the prawns or by‑catch; and\n\n(ii) the date when the prawns or by‑catch were taken; and\n\n(iii) the date when the container was received on the boat.\n\n(2) The holder of a gear or top up statutory fishing right who is engaged in commercial fishing in the Northern Prawn Fishery area:\n\n(a) must not use, for the method being employed, prawn trawl nets having an operational headrope length, in total, greater than that allowed by the gear or top up statutory fishing rights nominated for the boat; and\n\n(b) must not use, or have on board the boat, a prawn trawl net with an operational headrope length that is greater than half of the operational headrope length that the gear or top up statutory fishing rights nominated for the boat allow the holder to use (the maximum operational headrope length).\n\n(3) However, the holder may also use 1 try net.\n\n(4) Also, the holder may have on board the boat a prawn trawl net with an operational headrope length that is greater than the maximum operational headrope length if:\n\n(a) the holder is carrying the net on a trip through the Northern Prawn Fishery area and does not intend to use the net for fishing on the trip; and\n\n(b) the holder has notified AFMA in writing of carriage of the net before the trip; and\n\n(c) the net is stowed securely during the trip.\n\n(5) In addition, the holder of a top up statutory fishing right must not use on the boat a combination of prawn trawl nets that have a combined operational headrope length that is greater than 30 metres.\n\n> Note See s 22 and 95 of the Act about conditions of statutory fishing rights.\n\n23A Obligations on holders of fishing permits (Act s 17 (6))\n\n(1) The holder of a fishing permit, other than a holder to whom subsection (2) applies, in force for the Northern Prawn fishery must:\n\n(b) make sure that a boat to which the permit applies does not receive prawns or by‑catch taken by another boat, unless each container of the prawns or by‑catch has attached to it a written statement, capable of being read on its arrival at a processing plant, showing:\n\n(i) the unique identifier for the boat that took the prawns or by‑catch; and\n\n(ii) the date when the prawns or by‑catch were taken; and\n\n(iii) the date when the container was received on the boat.\n\n(d) comply with all other conditions to which the fishing permit is subject.\n\n> Note See s 32 and 95 of the Act about conditions of fishing permits.\n\n(2) The holder of a fishing permit for collecting broodstock from the Northern Prawn Fishery area must:\n\n(b) not undertake any fishing activity, other than collecting broodstock, when fishing in the area under the permit; and\n\n(c) not retain on board any prawns other than live prawns when collecting broodstock; and\n\n(e) comply with all other conditions to which the fishing permit is subject.\n\n23B Election about holding gear statutory fishing rights\n\n(1) This section applies if a person:\n\n(a) is the holder of a gear or top up statutory fishing right; and\n\n(b) is also the holder of a Class B statutory fishing right.\n\n(2) The person may elect:\n\n(a) to hold the gear or top up statutory fishing right in relation to the Class B statutory fishing right; or\n\n(b) not to hold the gear statutory fishing right in relation to that, or any other, Class B statutory fishing right.\n\n(3) The holder may make or change an election by written notice to AFMA.\n\n24 When Class B statutory fishing rights cease to be in force\n\n(1) If the number of gear or top up statutory fishing rights held in relation to a Class B statutory fishing right is reduced to fewer than 100, the Class B statutory fishing right ceases to be in force.\n\n(2) However, if subsection (3) applies, the Class B statutory fishing right does not cease to be in force.\n\n(3) This subsection applies if, immediately before the day on which gear and top up statutory fishing rights become available for grant, the holder of a surplus Class B statutory fishing right also holds fewer than 100 old surplus or suspense Class A statutory fishing rights in relation to the surplus Class B statutory fishing right.\n\n24A When top up statutory fishing rights cease to be in force\n\nA top up statutory fishing right ceases to be in force if the person to whom it is granted does not continue to be the holder of an active Class B statutory fishing right.\n\nPart 3 Miscellaneous\n\n29 Delegation\n\nAFMA may, by writing under its common seal, delegate any of its powers and functions under this plan to an officer of AFMA.\n\n> Note See subs 17 (11) of the Act about delegation of powers.\n\n30 Reconsideration of decisions by AFMA and Administrative Review Tribunal\n\nThe provisions of section 165 of the Act apply to a decision under subsection 17 (5) to cancel a person’s registration as an eligible person for the grant of a statutory fishing right as if the decision were a relevant decision within the meaning of that section.\n\n32 Agents\n\n(1) If the owner or holder of a statutory fishing right appoints a person to be the owner’s or holder’s agent for a matter to which this Plan applies, the owner or holder must give AFMA a notice, in writing, that states:\n\n(a) the name of the agent; and\n\n(b) the powers that may be exercised by the agent.\n\n(2) Notice given under this section must be accompanied by the instrument, or a certified copy of the instrument, by which the owner or holder appointed the agent.\n\n(3) AFMA is entitled to rely on a notice given under this section 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.\n\n33 Notice in writing\n\n(1) A notice required or permitted by this plan to be given in writing to a holder:\n\n(a) must be delivered to the residential or office address, or posted to the postal address, shown for the holder in the Register; and\n\n(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.\n\n(2) A notice required or permitted by this plan to be given in writing to AFMA must be addressed to the Manager, Licensing and Quota Management, Australian Fisheries Management Authority, and:\n\n(a) delivered to the reception desk at:\n\nLevel 6\n\n73 Northbourne Avenue\n\nCanberra ACT; or\n\n(b) posted to:\n\nBox 7051,\n\nCanberra Mail Centre,\n\nACT 2610; or\n\n(c) delivered or posted to any other office or postal address notified by 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.\n\n34 Notification by fax\n\n(1) Despite subsection 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.\n\n(2) A notice required or permitted by this plan to be given in writing to AFMA may be faxed to (02) 6225 5426 or any other fax number notified by the Managing Director of the Australian Fisheries Management Authority, by notice published in a newspaper circulating nationally.\n\n(3) A fax is taken to have been received:\n\n(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\n\n(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.\n\n35 Transitional\n\n(1) Subclauses 14.1 and 14.2 of the Northern Prawn Fishery Management Plan 1995 as in force immediately before the commencement of this section continue to apply in relation to a person, who is the holder of the applicable number of old Class A statutory fishing rights for a boat, during the period that:\n\n(a) starts at the commencement of this section; and\n\n(b) ends when the gear statutory fishing rights granted to the person under that plan as amended by this Plan take effect.\n\n> Note Subclauses 14.1 and 14.2 were omitted by the Northern Prawn Fishery Amendment Management Plan 1999.\n\n(2) However, this section ceases to apply to the person if:\n\n(a) the person ceases to be the holder of the applicable number of old Class A statutory fishing rights; or\n\n(b) at the end of the period specified in a notice under section 24 of the Act within which interested persons may apply to be registered as eligible persons for the grant of gear statutory fishing rights, the person has not applied to be so registered; or\n\n(c) AFMA has decided not to register the person as an eligible person for the grant of gear statutory fishing rights and has notified the person of that decision under subsection 26 (3) of the Act; or\n\n(d) the person’s registration as an eligible person for the grant of gear statutory fishing rights is cancelled under subsection 17 (5).\n\nSchedule 1 Area of the Northern Prawn Fishery\n\n(subsection 3 (1))\n\nArea of the Northern Prawn Fishery\n\n1. 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:\n\n(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\n\n(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.\n\n2. The area of the Northern Prawn Fishery is the coastal waters and waters of the Australian fishing zone that lie within the area the boundary of which:\n\n(a) commences at the intersection of the north‑western shore of Australia by the meridian of longitude 126° 58 East;\n\n(b) then runs north along that meridian to its intersection by the outer limit of the Australian fishing zone;\n\n(c) then generally easterly along that outer limit to its intersection by the meridian of longitude 141° 20 East;\n\n(d) then south along that meridian to its intersection by the parallel of latitude 10° 28 South;\n\n(e) then east along that parallel to its intersection by the meridian of longitude 142° 09 East;\n\n(f) then south along that meridian to its intersection by the northern shore of Australia; and\n\n(g) then generally westerly along the northern shore of Australia to the point of commencement.\n\n> Note: Endnotes\n\n> Note: Endnote 1—About the endnotes\n\nThe endnotes provide information about this compilation and the compiled law.\n\nThe following endnotes are included in every compilation:\n\nEndnote 1—About the endnotes\n\nEndnote 2—Abbreviation key\n\nEndnote 3—Legislation history\n\nEndnote 4—Amendment history\n\nAbbreviation key—Endnote 2\n\nThe abbreviation key sets out abbreviations that may be used in the endnotes.\n\nLegislation history and amendment history—Endnotes 3 and 4\n\nAmending laws are annotated in the legislation history and amendment history.\n\nThe legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.\n\nThe amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.\n\nEditorial changes\n\nThe Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.\n\nIf the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.\n\nMisdescribed amendments\n\nA misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.\n\nIf a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.\n\n> Note: Endnote 2—Abbreviation key\n\n| ad = added or inserted                         | o = order(s)                        |\n| ---------------------------------------------- | ----------------------------------- |\n| am = amended                                   | Ord = Ordinance                     |\n| amdt = amendment                               | orig = original                     |\n| c = clause(s)                                  | par = paragraph(s)/subparagraph(s)  |\n| C[x] = Compilation No. x                       | /sub‑subparagraph(s)                |\n| Ch = Chapter(s)                                | pres = present                      |\n| def = definition(s)                            | prev = previous                     |\n| Dict = Dictionary                              | (prev…) = previously                |\n| disallowed = disallowed by Parliament          | Pt = Part(s)                        |\n| Div = Division(s)                              | r = regulation(s)/rule(s)           |\n| ed = editorial change                          | reloc = relocated                   |\n| exp = expires/expired or ceases/ceased to have | renum = renumbered                  |\n| effect                                         | rep = repealed                      |\n| F = Federal Register of Legislation            | rs = repealed and substituted       |\n| gaz = gazette                                  | s = section(s)/subsection(s)        |\n| LA = Legislation Act 2003                      | Sch = Schedule(s)                   |\n| LIA = Legislative Instruments Act 2003         | Sdiv = Subdivision(s)               |\n| (md) = misdescribed amendment can be given     | SLI = Select Legislative Instrument |\n| effect                                         | SR = Statutory Rules                |\n| (md not incorp) = misdescribed amendment       | Sub‑Ch = Sub‑Chapter(s)             |\n| cannot be given effect                         | SubPt = Subpart(s)                  |\n| mod = modified/modification                    | underlining = whole or part not     |\n| No. = Number(s)                                | commenced or to be commenced        |\n\n> Note: Endnote 3—Legislation history\n\n| Name                                                                                           | FRLI registration or gazettal | Commencement                                      | Application, saving and transitional provisions |\n| ---------------------------------------------------------------------------------------------- | ----------------------------- | ------------------------------------------------- | ----------------------------------------------- |\n| Northern Prawn Fishery Management Plan 1995                                                    | 10 Feb 1995                   | 10 Feb 1995 (see s 2 and Gazette 1995, No. S49)   |                                                 |\n| Northern Prawn Fishery Amendment Management Plan 1999 (No. NPF 02)                             | 8 Nov 1999                    | 8 Nov 1999 (see Gazette 1999, No. S530)           | —                                               |\n| Northern Prawn Fishery Management Amendment Plan 2001 (No. NPF 03)                             | 12 Nov 2001                   | 12 Nov 2001 (see Gazette 2001, No. S463)          | —                                               |\n| Northern Prawn Fishery Management Plan Amendment 2003 (No. NPF 04)                             | 7 Oct 2003                    | 7 Oct 2003 (see Gazette 2003, No. S372)           | —                                               |\n| Northern Prawn Fishery Management Plan Amendment 2005 (No. NPF 05)                             | 28 Feb 2005 (F2005L00378)     | 1 Mar 2005                                        | —                                               |\n| Northern Prawn Fishery Management Plan Amendment 2006 (No. 1)                                  | 25 July 2006 (F2006L02436)    | 26 July 2006                                      | —                                               |\n| Fisheries Legislation (Management Plans) Amendment 2011 (No. 1)                                | 19 Dec 2011 (F2011L02746)     | 20 Dec 2011                                       | —                                               |\n| Fisheries Management Legislation Amendment (Minor Updates to Management Plans) Instrument 2024 | 16 Sept 2024 (F2024L01167)    | Sch 1 (items 19, 20): 14 Oct 2024 (s 2(1) item 1) | —                                               |\n\n> Note: Endnote 4—Amendment history\n\n| Provision affected               | How affected                                                 |\n| -------------------------------- | ------------------------------------------------------------ |\n| Part 1                           |                                                              |\n| s. 1.....................        | rs. 1999 No. NPF 02                                          |\n| s 2.....................         | rep LA s 48D                                                 |\n| s. 3.....................        | am. 1999 No. NPF 02; 2001 No. NPF 03; 2006 No. 1; 2011 No. 1 |\n| Note to s. 3 (2).............    | am. 2001 No. NPF 03                                          |\n| s. 3A....................        | ad. 1999 No. NPF 02                                          |\n| s. 4.....................        | rs. 1999 No. NPF 02                                          |\n| s. 5.....................        | am. 1999 No. NPF 02                                          |\n| s. 6.....................        | am. 1999 No. NPF 02                                          |\n| Part 2                           |                                                              |\n| s. 7.....................        | rs. 1999 No. NPF 02; 2001 No. NPF 03                         |\n|                                  | am. 2003 No. NPF 04; 2006 No. 1                              |\n| s. 7A....................        | ad. 2001 No. NPF 03                                          |\n|                                  | am. 2006 No. 1                                               |\n| s. 8.....................        | rs. 1999 No. NPF 02                                          |\n| ss. 9, 10..................      | rep. 1999 No. NPF 02                                         |\n| s. 12....................        | rs. 1999 No. NPF 02                                          |\n| s. 13....................        | rs. 1999 No. NPF 02                                          |\n| s. 14....................        | rs. 1999 No. NPF 02                                          |\n|                                  | am. 2006 No. 1; 2011 No. 1                                   |\n| s. 14A...................        | ad. 1999 No. NPF 02                                          |\n|                                  | am. 2011 No. 1                                               |\n| s. 15....................        | rs. 1999 No. NPF 02                                          |\n| s. 15A...................        | ad. 2006 No. 1                                               |\n| s. 16....................        | rs. 1999 No. NPF 02                                          |\n| s. 16A...................        | ad. 1999 No. NPF 02                                          |\n| s. 16B...................        | ad. 1999 No. NPF 02                                          |\n|                                  | am. 2011 No. 1                                               |\n| s. 17....................        | rs. 1999 No. NPF 02                                          |\n| s. 17A...................        | ad. 1999 No. NPF 02                                          |\n| s. 17B...................        | ad. 1999 No. NPF 02                                          |\n|                                  | am. 2011 No. 1                                               |\n| s. 17C...................        | ad. 1999 No. NPF 02                                          |\n| s. 18....................        | rep. 1999 No. NPF 02                                         |\n| s. 19....................        | rs. 1999 No. NPF 02                                          |\n|                                  | rep. 2011 No. 1                                              |\n| s. 19A...................        | ad. 1999 No. NPF 02                                          |\n|                                  | rep. 2011 No.1                                               |\n| s. 20....................        | rep. 1999 No. NPF 02                                         |\n| s. 21....................        | am. 1999 No. NPF 02                                          |\n|                                  | rep. 2011 No. 1                                              |\n| s. 22....................        | am. 1999 No. NPF 02; 2001 No. NPF 03; 2006 No. 1; 2011 No. 1 |\n| s. 23....................        | rep. 1999 No. NPF 02                                         |\n| s. 23A...................        | ad. 1999 No. NPF 02                                          |\n|                                  | am. 2006 No. 1; 2011 No. 1                                   |\n| s. 23B...................        | ad. 1999 No. NPF 02                                          |\n| s. 24....................        | rs. 1999 No. NPF 02                                          |\n| s. 24A...................        | ad. 1999 No. NPF 02                                          |\n| s. 25………………………..                 | rep. 2011 No. 1                                              |\n| Notes to s. 25 (1), (5)......... | am. 2001 No. NPF 03                                          |\n| s. 26....................        | am. 1999 No. NPF 02                                          |\n|                                  | rep. 2011 No. 1                                              |\n| Notes 1, 2 to s. 26 (4)......... | am. 2001 No. NPF 03                                          |\n| s. 27....................        | am. 1999 No. NPF 02                                          |\n|                                  | rep. 2011 No. 1                                              |\n| Part 3                           |                                                              |\n| s. 28....................        | am. 1999 No. NPF 02                                          |\n|                                  | rep. 2011 No. 1                                              |\n| s. 29....................        | am. 1999 No. NPF 02; 2011 No. 1                              |\n| Note to s. 29...............     | rs. 1999 No. NPF 02                                          |\n| s 30....................         | am No NPF 02, 1999                                           |\n|                                  | rs No 1, 2011                                                |\n|                                  | am F2024L01167                                               |\n| s. 31………………………..                 | rep. 2011 No. 1                                              |\n| Note to s. 31...............     | ad. 1999 No. NPF 02                                          |\n|                                  | rep. 2011 No. 1                                              |\n| s 32....................         | am No NPF 02, 1999; F2024L01167                              |\n| s. 33....................        | am. 1999 No. NPF 02; 2011 No. 1                              |\n| s. 34....................        | am. 1999 No. NPF 02; 2011 No. 1                              |\n| s. 35....................        | ad. 1999 No. NPF 02                                          |\n| Schedule 1................       | rep. 1999 No. NPF 02                                         |\n| Schedule 1                       |                                                              |\n| Heading to Schedule 1........    | ad. 1999 No. NPF 02                                          |\n| Schedule 1................       | am. 2005 No. NPF 05                                          |\n| Heading to Schedule 2........    | rep. 1999 No. NPF 02                                         |","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The Plan remains targeted at managing fishing effort and by‑catch in the Northern Prawn Fishery — its core scope (defining rights, limiting gear and boats, requiring by‑catch measures, research, surveillance and reporting) is unchanged from the Plan’s stated purpose. Subsequent amendments reflected in this compilation are largely technical, administrative and procedural refinements (allocation mechanics, AFMA determination powers, notice procedures, electronic/fax notice options, limits on broodstock permits and data obligations) rather than an expansion into new policy areas. In short, the Plan has been adjusted and modernised, but has not grown significantly beyond its original fisheries‑management objective."},"complexity_factors":["Multiple defined terms in s 3 and cross‑references to the Fisheries Management Act 1991 (many Act sections referenced throughout).","Numeric caps and formulae: fixed caps (53,844 gear rights; 132 Class B rights), formula 300 − n for top up grants (s 15, s 16A).","Delegated determinations and discretions: AFMA may determine methods and total headrope lengths with consultation requirements (s 7A) — introduces administrative discretion and conditional logic.","Interlocking rights structure: interplay among gear rights, top up rights and Class B rights with nomination rules and cessation conditions (ss 7–8, 11–14, 22, 24).","Provisional/registration/grant process with notice, reminder, final notice and cancellation steps (s 16–17) — layered process with time limits and appeals. ","Operational exceptions and measurement rules: try‑net exception and carriage/stowage exceptions with precise measurement rules for headrope/footrope length (ss 7, 22(3)–(4)).","Reporting and compliance obligations tied to containers, display of identifiers and data provision (ss 22, 23A) increase conditional requirements.","Cross‑referencing to multiple external instruments and Acts (Acts Interpretation Act, Statutory Fishing Rights Charge Act) and to AFMA Register; endnote amendment history increases interpretive complexity."],"plain_english_summary":"**What this Plan does (mechanically)**\n\n- Sets the legal rules for commercial fishing in the Northern Prawn Fishery (the Fishery) by creating and describing three kinds of \"statutory fishing rights\":\n  - **Gear statutory fishing rights** — rights to use a specific amount of prawn trawl netting (headrope and the attached net) (see s 7).\n  - **Top up statutory fishing rights** — a short‑term, non‑transferable right to use a defined small amount of netting for two years (see s 8).\n  - **Class B statutory fishing rights** — rights tied to a particular trawl boat; these can be **active** (a boat is nominated) or **surplus** (no boat nominated) (see ss 11–13).\n\n- Caps supply and structure of effort:\n  - Limits the total number of gear statutory fishing rights to 53,844 and the total number of Class B rights to 132 at any time (s 15).\n  - Limits the number of broodstock collection permits to 3 (s 15A).\n\n- Controls how much net a nominated boat may use:\n  - AFMA (the Australian Fisheries Management Authority) may specify fishing methods and set the total operational headrope length that gear rights may entitle holders to use; gear rights divide that total down (s 7, s 7A).\n  - Holders must not use nets whose combined headrope length exceeds what the boat’s nominated gear and top up rights allow, and no single net on board may exceed half the boat’s allowable headrope length (s 22(2)). One small try‑net is allowed as an exception (s 22(3)).\n\n- Allocation and registration rules for becoming eligible and receiving rights:\n  - AFMA publishes a notice when rights will be granted and persons who meet registration conditions are registered as eligible (s 16).\n  - AFMA must make provisional grants to eligible registrants (s 16A) and then give final grants when requested and available (s 17). There are procedures for reminder/final notices and cancellation of registration if a person fails to request a grant (s 17).\n  - Some formulae determine the number of top up rights (300 minus n where n is nominated old rights) and the per‑right share of operational headrope where AFMA sets total headrope (s 16A, s 7).\n\n- Compliance, reporting and operational obligations:\n  - Holders must supply biological, economic and technical data on request, comply with this Plan and any by‑catch action plan, and follow labelling/traceability rules when prawns or by‑catch are transferred (s 22(1)(c),(ea),(h)).\n  - Fishing permits and broodstock permits have specific conditions and limits (s 23A).\n\n- Governance mechanics and oversight:\n  - AFMA must pursue the Plan’s objectives, develop management measures, fund research, run surveillance, set levies/fees and publish an annual performance report against criteria including economic efficiency, biological status and cost effectiveness (s 4–6).\n  - AFMA may delegate powers to its officers (s 29), make determinations about fishing capacity (s 7A), and record grants on certificates and the Register (ss 17A–17C).\n  - Administrative review and reconsideration processes apply to certain AFMA decisions (s 30).\n\n**Who this affects**\n\n- Commercial fishers who operate or intend to operate trawl vessels in the Northern Prawn Fishery — they must hold the correct mix of gear, top up and Class B rights and follow operational and reporting rules (ss 7–15, 22–24).\n- Owners of old Class A rights at the time AFMA opens allocation processes (registration and provisional grant rules in ss 16–16B).\n- Processors, carriers and transhippers who receive, carry or process prawns taken under the Plan — they must satisfy permit/holder conditions and traceability requirements (s 14A, s 23A).\n- AFMA — has decision, allocation and enforcement responsibilities (s 7A, s 16A, s 29).\n- Third parties with scientific or broodstock permits — subject to specific permit rules and limits (ss 14(3), 23A(2), 15A).\n\n**Why it matters (purpose claims and practical testing)**\n\n- The Plan states its aims are to implement the Fisheries Act objectives in this fishery and to reduce incidental by‑catch to a minimum (s 4). Mechanically it pursues these aims by: limiting the number and size of fishing units (caps and net length rules), requiring data and by‑catch plans, funding research and surveillance, and publishing performance assessments (ss 5–6, 7, 15, 22).\n\n- Costs and incentives:\n  - Who pays — holders face compliance costs (data provision, labeling/traceability, vessel marking), management levies and fees as set by AFMA (s 5(e), s 22(1)(c),(h)). If statutory fishing rights are scarce because of caps, their market value may rise (s 15).\n  - Behavioural incentives — the netting/boat nomination system encourages consolidation of gear on nominated boats (s 14(2), s 22(2)); top up rights are temporary and non‑transferable, limiting secondary markets for them (s 8(2)).\n\n- Trade‑offs and opportunity costs:\n  - Effort caps and fixed numbers of rights reduce entry and constrain fleet expansion, which tends to reduce fishing pressure but also restricts new entrants and competition (s 15). Limiting broodstock permits to three concentrates that activity (s 15A).\n\n- Implementation, compliance and administrative risk:\n  - AFMA has substantial discretion to set methods and total headrope lengths (s 7A). That discretion requires transparent consultation (s 7A(2)) but generates implementation risk if determinations are unclear or poorly enforced.\n  - Enforcement relies on accurate measurement and on fishers’ record keeping (s 22(2)–(4), ss 33–34 for notices). Measuring rope lengths, monitoring that nets are not used beyond nominated allowances, and proving compliance impose operational burdens on both industry and AFMA.\n\n- Effects on private choice and markets:\n  - The Plan converts historical entitlements (old Class A rights) into the statutory rights structure and creates a registrable, certificated system (ss 16–17A–17C). That fixes the total number of gear/boat rights and shapes the tradable or non‑tradable nature of those rights (top up rights are non‑transferable, s 8(2)).\n  - The combination of boat‑nominated Class B rights and a cap on gear rights encourages some consolidation of effort onto nominated vessels (s 14(2), s 23B).\n\n**Concrete implementation requirements to note**\n\n- AFMA must consult interested persons before determining methods and headrope totals (s 7A(2)).\n- Holders must attach readable statements to containers when prawns or by‑catch are transferred to another nominated boat (s 22(1)(h)).\n- Provisional grants are automatic for eligible registrants and AFMA must make them (s 16A), but final grants require the registrant to request the grant and may be cancelled under a set notice procedure (s 17).\n\n**Takeaway (mechanical effect)**\n\nThis Management Plan creates a structured, certificated system of rights that controls the amount of gear and number of boats operating in the Northern Prawn Fishery, specifies operational net‑length limits, imposes data and by‑catch reporting obligations, and gives AFMA authority to allocate capacity and enforce compliance. Those measures are designed (as the Plan claims) to align fishing effort with biological and management objectives, while shifting the operational and compliance costs to rights‑holders and concentrating allocation decisions in AFMA and its administrative processes (see ss 4–7, 15–17, 22–23, 7A).\n"},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation has evolved significantly from its original 1995 form. The 1999 amendments fundamentally restructured the fishing rights system (replacing Class A rights with gear rights and Class B rights, introducing the 'top up' system, and adding the 100-gear minimum for Class B activation). Later amendments added broodstock collection permits (2006), updated administrative review mechanisms (2024), and refined by-catch obligations. The current Plan is substantially more complex than the original 1995 version, with layered transitional provisions for historical rights holders and more sophisticated capacity management mechanisms."},"complexity_factors":["Multiple interdependent statutory fishing rights (gear, Class B, top up) with specific mathematical relationships (e.g., 100 gear rights required per Class B right, headrope/footrope ratios of 1:1.15)","Extensive cross-referencing to the Fisheries Management Act 1991 for definitions and procedural requirements (registration, provisional grants, review processes)","Conditional logic for eligibility based on historical ownership of 'old Class A' and 'old suspense Class A' rights (transitional provisions from 1995/1999 restructuring)","Technical measurement specifications for fishing gear (operational headrope/footrope calculations, try net dimensions)","Nested exceptions and qualifications (e.g., section 24 on when Class B rights cease, with subsection exceptions for 'old surplus or suspense Class A' rights)","Formula-based calculations for determining provisional grants (section 16A: '300 minus n' formula for top up rights)","Multiple amendment layers (Compilation No. 7, with significant restructuring in 1999 amendments) creating historical baggage in current text"],"plain_english_summary":"**What this legislation does:**\n\nThis is the rulebook for the **Northern Prawn Fishery** — a commercial fishing industry operating in waters off northern Australia (from Western Australia to Queensland). It sets out who can fish for prawns, how much gear they can use, and what rules they must follow.\n\n**Key things it covers:**\n\n*   **Fishing rights:** The Plan creates three types of \"statutory fishing rights\" (legal permissions to fish):\n    *   **Gear rights:** The right to use specific lengths of prawn trawl nets (measured by \"headrope\" and \"footrope\" lengths). The total number of these rights is capped at 53,844.\n    *   **Class B rights:** The right to use a trawl boat. These are limited to 132 rights at any time. To be \"active,\" a boat must have at least 100 gear rights attached to it.\n    *   **Top up rights:** Temporary extra gear rights (lasting 2 years) given to boat owners who don't have enough old fishing rights to reach the 100-gear threshold.\n\n*   **Who can fish:** Only people who hold the right combinations of these permits can commercially fish for prawns, scampi, bugs, scallops, and squid in the designated area.\n\n*   **Environmental protection:** The Plan requires fishers to minimise \"by-catch\" (accidentally catching non-target species like turtles or other fish) and follow a by-catch action plan.\n\n*   **Administration:** It gives the Australian Fisheries Management Authority (AFMA) power to register eligible fishers, grant rights, set fishing methods, and enforce compliance.\n\n**Why it matters:**\n\nThis Plan prevents overfishing by strictly limiting the number of boats and the amount of fishing gear in the water. It protects marine ecosystems by requiring fishers to reduce accidental catches, and it ensures the fishery remains economically viable by controlling capacity. For fishers, it creates a tradable system where rights can be bought, sold, or transferred (except for temporary \"top up\" rights), effectively creating a market for fishing access."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/northern-prawn-fishery-management-plan-1995","history":"/api/acts/northern-prawn-fishery-management-plan-1995/history","analysis":"/api/acts/northern-prawn-fishery-management-plan-1995/analysis","conflicts":"/api/acts/northern-prawn-fishery-management-plan-1995/conflicts","importantCases":"/api/acts/northern-prawn-fishery-management-plan-1995/important-cases","documents":"/api/acts/northern-prawn-fishery-management-plan-1995/documents"}}