Bass Strait Central Zone Scallop Fishery Management Plan 2002

The Bass Strait Central Zone Scallop Fishery Management Plan 2002 (the Management Plan) sets the statutory framework for regulated scallop fishing in the defined Bass Strait Central Zone (Schedule 1). It converts access and catch into statutory fishing rights, prescribes how total allowable catch (TAC) is set and varied, and imposes duties on right‑holders and the persons who receive scallops from the area (s 3, ss 10, 12, 27-28). The Plan establishes procedural requirements for registration and provisional allocation of statutory fishing rights to eligible persons (ss 15, 16), the mechanics for allocating quota in a season (s 12(6)), and the treatment of catches where a person holds multiple quota rights (s 4). It requires AFMA to prepare and implement a bycatch action plan and to review it at least once every two years (s 9). AFMA must determine the TAC for each species before the season and notify quota holders at least 48 hours before the season starts (s 27(1), (4)). AFMA may vary the TAC during the season but must consult the Management Advisory Committee (the Committee) and notify quota holders of variations (ss 28(1), 27(3), 28(3)-(4)).

Mechanically, the Plan converts historical fishing permits held on specified dates into provisional property‑like entitlements: each person registered as eligible is to receive, as a provisional grant for each fishing permit held on 1 March 2001, 3 500 quota statutory fishing rights for each scallop species and one boat statutory fishing right (s 16). The Plan prescribes the formula for working out each quota holder’s allocation in a season,the TAC divided by the total number of quota statutory fishing rights in force at the start of the season,and specifies that suspended quota rights are to be treated as in force for that calculation (s 12(6)-(7)). Boat statutory fishing rights expire on 1 February 2007 (s 20), and the Plan distinguishes pre‑ and post‑1 February 2007 access rules (s 11).

Commonwealth Coat of Arms of Australia

made under section 17 of the

Fisheries Management Act 1991

Compilation No. 9

Compilation date: 14 October 2024

Includes amendments: F2024L01167

About this compilation

This compilation

This is a compilation of the Bass Strait Central Zone Scallop Fishery Management Plan 2002 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The 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.

Application, saving and transitional provisions for provisions and amendments

If 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.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If 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.

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

Part 1 Preliminary

1 Name of Management Plan

3 Definitions

4 Application of catch to statutory fishing rights

5 Geographical coordinates

6 Objectives (Act s 17 (5))

7 Measures by which the objectives are to be achieved (Act s 17 (5))

8 Performance criteria against which measures taken may be assessed (Act s 17 (5))

9 Bycatch (Act s 17 (6D))

10 Persons to whom the Management Plan applies

Part 2 Statutory fishing rights

Division 1 Right to fish in the fishery

11 Who may fish in the fishery

12 Quantity of scallops that may be taken

13 Fishing methods

14 Right to use a boat for scientific research

Division 2 Registration of eligible persons for grant of statutory fishing rights

15 Conditions for registration (Act s 26)

Division 3 Grant of statutory fishing rights

16 Provisional grants (Act s 23)

18 Request for grant (Act s 31)

19 Certificate showing grant (Act s 22 (2))

20 Expiry of boat statutory fishing rights

Division 4 Obligations of holders of statutory fishing rights

22 Other obligations of holders of statutory fishing rights

Part 3 Total allowable catch

27 Determination of total allowable catch

28 Amendment of total allowable catch

Part 4 Miscellaneous

30 Delegation

31 Agents

32 Notices

Part 5 Transitional

33 Transitional

Schedule 1 Area of the fishery

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Part 1 Preliminary

1 Name of Management Plan

This Management Plan is the Bass Strait Central Zone Scallop Fishery Management Plan 2002.

3 Definitions

In this Management Plan:

Act means the Fisheries Management Act 1991.

acting for a person, means acting with the consent of, and on behalf of, the person.

adjacent area, in relation to a State, has the same meaning as it has in the Petroleum (Submerged Lands) Act 1967.

agent, of the holder of a statutory fishing right, means:

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

(b) a person appointed as the holder’s agent under section 31.

approved form means the form approved by AFMA for the purposes of the section in which the term is used.

area of the fishery means the area described in Schedule 1.

Bass Strait Central Zone Scallop Fishery means fishing for scallops in the area of the fishery.

boat statutory fishing right means a right to use a nominated boat in the area of the fishery.

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.

Committee means the Bass Strait Central Zone Scallop Fishery Management Advisory Committee established under section 54 of the Fisheries Administration Act 1991.

eligible person means a person who is registered as an eligible person for a grant of a statutory fishing right under section 26 of the Act.

fishery means the Bass Strait Central Zone Scallop Fishery.

fishing season means the period determined by AFMA.

Note Under subsection 17(6B) of the Act, a determination of a fishing season is a legislative instrument for the purpose of the Legislation Act 2003.

fish receiver permit means a fish receiver permit that authorises the holder of the permit to receive scallops from a person mentioned in section 10.

harvest strategy means the strategy for the fishery, created under the Commonwealth Fisheries Harvest Strategy Policy, that sets out the management actions necessary to achieve defined biological and economic objectives in the fishery.

identification code, for a boat, means the identification code allocated by AFMA to the boat under section 80 of the Fisheries Management Regulations 2019.

interested person, in relation to a direction or determination, means:

(a) a person who is able to show a continuing connection with the fishery that is likely to be affected by the direction or determination; or

(b) an organisation or association (whether incorporated or not) whose objects or purposes include, or whose activities largely relate to, the fishery.

Examples Interested persons could include the following:

Note: (a) environmental organisations with an interest in the area of the fishery;

Note: (b) persons carrying out other activities in the area of the fishery;

Note: (c) persons involved in processing scallops from the fishery.

nominated boat, for a boat statutory fishing right, means a boat of which the details are entered in the Register, under section 45 of the Act, as a nominated boat for the right.

quota, for a quota statutory fishing right, means the amount of scallops of a particular species, expressed in shell weight, that may be taken, in a fishing season, under the fishing right.

quota statutory fishing right, for a fishing season, means a right to take, from the area of the fishery, a particular amount (being the quota allocated to the right for the fishing season) of a species of scallop during the fishing season.

scallop means a scallop of a species mentioned in Schedule 2.

shell weight means the weight of a scallop before processing (other than chilling or freezing) and before any part of the scallop has been removed.

total allowable catch, for a species of scallop, means the total shell weight of scallops of that species that may be taken under quota statutory fishing rights in a fishing season by fishing in the area of the fishery, as determined by AFMA under Part 3.

Note Unless otherwise stated, a term used in this Management Plan and in the Act has the same meaning in this Management Plan as it has in the Act. The following terms are defined in subsection 4 (1) of the Act:

Note:  AFMA

Note:  AFZ

Note:  Australian boat

Note:  fish receiver permit

Note:  fishing

Note:  fishing permit

Note:  Panel

Note:  precautionary principle

Note:  processing

Note:  Register

Note:  scientific permit

Note:  statutory fishing right

Note:  take.

4 Application of catch to statutory fishing rights

(1) For the purposes of this Management Plan, scallops taken by, or on behalf of, the holder of 2 or more quota statutory fishing rights are applied against the quota statutory fishing rights in accordance with subsection (2).

(2) For the purposes of subsection (1), the scallops are applied progressively against each quota statutory fishing right, in turn, so that each quota statutory fishing right is fully accounted for before any scallops are applied against the next quota statutory fishing right.

(3) For the purposes of this Management Plan, if AFMA increases the quantity of scallops that may be taken under a statutory fishing right during a fishing season, the application of any scallops taken by, or on behalf of, a person who holds 2 or more statutory fishing rights must be recalculated so that:

(a) the greatest possible number of quota statutory fishing rights is fully accounted for; and

(b) no more than 1 statutory fishing right is partly accounted for.

(4) For the purposes of this section:

(a) a quota statutory fishing right is fully accounted for if the maximum permissible quantity of scallops has been applied against it; and

(b) a quota statutory fishing right is partly accounted for if a quantity of scallops less than the maximum permissible quantity has been applied against it.

5 Geographical coordinates

The origin of geographical coordinates used in this Management Plan is the Geodetic Datum of Australia 1994 (GDA94).

6 Objectives (Act s 17 (5))

The objectives of this Management Plan are as follows:

(a) to manage the fishery efficiently and cost‑effectively for the Commonwealth;

(b) to ensure that the exploitation of the resources of the fishery and the carrying on of any related activities are conducted in a manner consistent with the principles of ecologically sustainable development and the exercise of the precautionary principle, and in particular, the need to have regard to the impact of fishing activities on non‑target species and the long‑term sustainability of the marine environment;

(d) to ensure AFMA’s accountability to the fishing industry and to the Australian community in management of the resources of the fishery;

(e) to reach Government targets for the recovery of the costs of AFMA in relation to the fishery;

(f) to ensure, through proper conservation and management, that the living resources of the AFZ are not endangered by over‑exploitation;

(g) to achieve the best use of the living resources of the AFZ.

7 Measures by which the objectives are to be achieved (Act s 17 (5))

The measures by which the objectives of this Management Plan are to be achieved include the following:

(a) granting transferable statutory fishing rights for the fishery to eligible persons;

(b) directing statutory fishing right holders, as necessary, not to engage in fishing to ensure the sustainability of the resources of the fishery;

(c) setting and varying the total allowable catch for each species of scallop each year in the fishery in accordance with the harvest strategy;

(d) implementing a program of research, data collection and monitoring relevant to the assessment and management of the fishery;

(e) establishing an effective program of catch monitoring and surveillance of the fishery to ensure compliance with the Management Plan;

(f) developing a series of biological, economic and other data that can be used to assess the fishery;

(g) developing, implementing and reviewing the bycatch action plan mentioned in section 9;

(h) supporting the Committee in facilitating the development of sound, cost‑effective fisheries management for the fishery;

(i) preparing an annual budget of costs associated with managing the fishery, and setting and collecting levies and fees for the fishery;

(j) publishing information about the fishery;

(k) using the results of research to ensure fishing is conducted in an economically efficient and ecologically sustainable way;

(l) checking accuracy and consistency of information kept in relation to the fishery.

8 Performance criteria against which measures taken may be assessed (Act s 17 (5))

(1) The performance criteria against which the measures taken may be assessed are:

(a) that effective strategies are in place to ensure that stocks of any depleted fish resources are being rebuilt; and

(b) that a total allowable catch is set for each species of scallop for each fishing season and that the amount of scallops taken in a fishing season does not exceed the total allowable catch for the season; and

(c) that cost‑effective and high quality research is carried out in relation to the fishery in accordance with a 5‑year strategic research plan, the results of which are:

(i) included in the assessment process for the fishery; and

(ii) published in the assessment reports for the fishery; and

(iii) taken into consideration in determining the total allowable catch in a fishing season; and

(d) that data is collected and analysed in a timely manner to enable:

(i) evaluation of the effectiveness of the strategies to maintain or rebuild the resources of the fishery at, or to, an acceptable level; and

(ii) modification of those strategies; and

(e) that a bycatch action plan is implemented and reviewed in accordance with section 9, and data is collected to enable an assessment of the impact of harvesting scallops in the fishery; and

(f) that data on the current and potential net economic returns of the fishery has been collected and analysed to enable:

(i) a periodic assessment of whether the data is consistent with improvements in the economic efficiency of the fishery; and

(ii) modification of institutional arrangements to allow improvements in the economic efficiency of the fishery; and

(g) that the budgetary objectives of the fishery are achieved; and

(h) that statutory fishing rights are granted.

(2) AFMA and the Committee must, from time to time, assess the effectiveness of the measures taken to achieve the objectives of this Management Plan by reference to the performance criteria.

(3) AFMA must include in its annual report for a financial year a statement of the extent to which the performance criteria were met in the year.

9 Bycatch (Act s 17 (6D))

(1) AFMA must implement a bycatch action plan to ensure that:

(a) the incidental catch of scallops not taken under, and in accordance with, this Management Plan; and

(b) the incidental catch of other species;

are reduced to, or kept at, a minimum.

(2) The bycatch action plan must provide for:

(a) assessment of the impact of harvesting scallops in the fishery; and

(b) implementation of measures to minimise any adverse effects of fishing on the environment.

(3) AFMA must review the bycatch action plan at least once every second year after the commencement of this Management Plan to ensure that it is appropriate for ensuring that the incidental catch of species other than scallops is reduced to a minimum.

10 Persons to whom the Management Plan applies

This Management Plan applies to a person who:

(a) engages in fishing for scallops in the area of the fishery; or

(b) receives scallops taken from the area of the fishery.

Note Paragraph 22 (1) (a) of the Acts Interpretation Act 1901 provides that person includes a body politic or corporate as well as an individual.

Part 2 Statutory fishing rights

Division 1 Right to fish in the fishery

11 Who may fish in the fishery

(1) Before 1 February 2007, a person may engage in fishing for scallops of a particular species in the area of the fishery only if the person:

(a) holds, or is acting on behalf of another person who holds, a quota statutory fishing right that allows the person to take scallops of that species and a boat statutory fishing right; and

(b) is using a boat that is registered as a nominated boat for the boat statutory fishing right and the quota statutory fishing right; and

(2) On or after 1 February 2007, a person may engage in fishing for scallops of a particular species in the area of the fishery only if the person:

(a) holds, or is acting on behalf of another person who holds, a quota statutory fishing right that allows the person to take scallops of that species; and

(b) is using the nominated boat for the quota statutory fishing right; and

12 Quantity of scallops that may be taken

(1) Subject to section 14, in a fishing season, the holder of a quota statutory fishing right must not take from the area of the fishery an amount of scallops of a species greater than the quota allocated to the right in relation to that species for the season.

(2) If the quota allocated to a quota statutory fishing right increases during a fishing season, the holder of the right is taken to have contravened subsection (1) if the amount of scallops of a species taken by the holder before the increase was greater than the quota allocated to the right before the increase.

(2A) If the quota allocated to a quota statutory fishing right decreases during a fishing season, the holder of the right is exempt from subsection (1) if:

(a) immediately before the decrease, the amount of scallops of a species taken by the holder during the fishing season was equal to or less than the quota allocated to the right before the decrease; and

(b) the holder of the right does not take any more scallops of that species after AFMA gives the holder a notice under subsection 28 (4).

Note The quota allocated to a quota statutory fishing right will increase or decrease if AFMA increases or decreases the total allowable catch for a species of scallop under section 28.

(3) On a trip, the holder of a quota statutory fishing right must not take from the area of the fishery an amount of scallops greater than the total amount that may be taken under:

(a) the right; and

(b) any other quota statutory fishing rights for which the boat is a nominated boat.

(4) For the purposes of subsections (1) to (3), the following scallops are not included as part of the amount taken:

(a) scallops taken under a scientific permit granted under section 14.

(6) The quota allocated to a quota statutory fishing right for a fishing season is worked out by dividing the total allowable catch for the species in the fishing season by the total number of quota statutory fishing rights in force for the species at the start of the fishing season.

(7) In working out the quota allocation for a quota statutory fishing right in a fishing season, a quota statutory fishing right that is suspended under subsection 38 (1) or (3), or paragraph 98 (3) (d), of the Act is taken to be in force.

13 Fishing methods

Repealed

14 Right to use a boat for scientific research

A person may use a boat in the area of the fishery for scientific research about the fishery only if the person is, or is acting for, the holder of a scientific permit that authorises the use of the boat in the area of the fishery for that purpose.

Note See section 33 of the Act about the grant of a scientific permit.

Division 2 Registration of eligible persons for grant of statutory fishing rights

15 Conditions for registration (Act s 26)

(1) Subsection (2) applies if AFMA publishes a notice, under section 24 of the Act, declaring that AFMA intends to grant statutory fishing rights for the fishery.

(2) A person satisfies the conditions for registration as an eligible person for the grant of a statutory fishing right if the person held a fishing permit for the fishery on 1 March 2001.

Note 1 See section 24 of the Act about publication of a notice by AFMA declaring that AFMA intends to grant fishing rights for fishing in a managed fishery.

Note 2 An application for registration as an eligible person for the grant of a statutory fishing right must be made within the period stated in a notice published under section 24 of the Act: see paragraph 25 (f), and subsection 26 (1), of the Act.

Note 3 Under subsection 26 (2) of the Act, AFMA must register as an eligible person an applicant for registration who meets the conditions for registration and who has paid the prescribed fee.

Note 4 A decision under subsection 26 (2) of the Act is subject to reconsideration under section 165 of the Act: see subsection 165 (2). Application may be made to the Administrative Review Tribunal for review of a decision under section 165 of the Act: see subsection 165 (7).

Division 3 Grant of statutory fishing rights

16 Provisional grants (Act s 23)

If a person is registered as an eligible person for the grant of a statutory fishing right, AFMA must make a provisional grant to the person, for each fishing permit for the fishery held by the person on 1 March 2001, of:

(a) 3 500 quota statutory fishing rights for each species of scallop; and

(b) 1 boat statutory fishing right.

Note See:

Note: (a) section 23 of the Act about the provisional grant of a statutory fishing right; and

Note: (b) Part 8, Division 3 of the Act about review by the Statutory Fishing Rights Allocation Review Panel.

18 Request for grant (Act s 31)

(1) AFMA may grant a statutory fishing right to a person only if:

(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

(b) the person asks AFMA to make the grant.

Note 1 Under subsection 23 (3) of the Act, AFMA must not grant a statutory fishing right:

Note: (a) until the end of the period within which applications may be made to the Panel for review of provisional grants; or

Note: (b) if an application has been made to the Panel — before the application has been dealt with by the Panel or otherwise disposed of.

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 the time when this Management Plan was made, there was no charge payable under that Act for statutory fishing rights granted other than by auction or tender.

(2) If the person does not make the request within 30 days after the Gazette notice is published, AFMA must send a notice (the reminder notice) to the person telling the person that the person must make the request within a period stated in the notice.

(3) 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:

(a) make the request; and

(b) explain why the person did not make the request within the period stated in the reminder notice.

(4) AFMA must cancel the person’s registration as an eligible person if, despite a final notice, the person does not:

(a) make the request within 14 days after the final notice is sent; and

(b) satisfy AFMA that the person had a reasonable excuse for not making the request within the period stated in the reminder notice.

(5) If AFMA cancels a person’s registration as an eligible person, AFMA must amend its records accordingly.

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 section 31 of the Act.

Note 2 A decision under section 31 of the Act (other than a decision following an auction, tender or ballot) is subject to reconsideration under section 165 of the Act: see subsection 165 (2). Application may be made to the Administrative Review Tribunal for review of a decision under section 165 of the Act: see subsection 165 (7).

Note 3 A statutory fishing right ceases to have effect if AFMA revokes this Management Plan: see subsections 20 (4) and 22 (3) of the Act.

Note 4 AFMA must register all statutory fishing rights granted: see section 45 of the Act.

19 Certificate showing grant (Act s 22 (2))

(1) AFMA must note the following details on the certificate for a statutory fishing right:

(a) the name of the person to whom the right is granted;

(b) a description of the right;

(d) the conditions to which the right is subject.

(2) A certificate may show the grant of more than 1 statutory fishing right to a person.

(3) AFMA must give, to a person to whom a statutory fishing right is granted, an extract of the Register:

(a) that states:

(i) the conditions to which the right is subject; and

(ii) the name and identification code of each nominated boat for the right; and

(b) that is signed for AFMA by a person having authority to sign it.

Note Section 45 of the Act provides that AFMA must enter certain information in the Register for each statutory fishing right that it grants, including such particulars as are prescribed. The Fisheries Management (Bass Strait Central Zone Scallop Fishery) Regulations 2002 prescribe details that must be entered in the Register in relation to each nominated boat for a statutory fishing right.

20 Expiry of boat statutory fishing rights

Boat statutory fishing rights cease to have effect on 1 February 2007.

Division 4 Obligations of holders of statutory fishing rights

22 Other obligations of holders of statutory fishing rights

(1) Subject to section 14, the holder of a statutory fishing right may engage in fishing for scallops in the fishery only during the fishing season.

(2) It is a condition of a quota statutory fishing right that the holder must:

(a) comply with this Management Plan; and

(c) take reasonable precautions to ensure that the incidental catch of a species that the holder is not entitled to take is kept to a minimum; and

(f) if AFMA asks the holder to give AFMA biological, economic or technical information, or biological samples available to the holder — give AFMA the information or samples; and

Note 1 Other conditions of a statutory fishing right are set out on the certificate for the right. These include size limits on the scallops that may be taken, reporting requirements and conditions regarding AFMA’s vessel monitoring system.

Note 2 The holder of a statutory fishing right must also comply with relevant Regulations, including the Fisheries Management Regulations 2019, the Fisheries Management (Bass Strait Central Zone Scallop Fishery) Regulations 2002 and the annual levy Regulations.

Note 3 See section 42 of the Act about logbook requirements. If the holder of a statutory fishing right breaches the requirements, the holder could be issued with an infringement notice under the Regulatory Powers Act (as applied by section 98A of the Fisheries Management Act 1991) or the right could be suspended.

Note 4 See also subsections 22 (3), (4) and (5) of the Act for other conditions to which a statutory fishing right is subject.

Note 5 See section 38 of the Act about AFMA’s power to suspend a statutory fishing right if it has reasonable grounds to believe that there has been a contravention of a condition of the right.

Part 3 Total allowable catch

27 Determination of total allowable catch

(1) Before the beginning of the fishing season, AFMA must determine the total allowable catch for each species of scallop for the fishing season.

(3) Before deciding the total allowable catch for a species for a fishing season, AFMA:

(a) must consult the Committee and consider the Committee’s views; and

(b) may consider the views of other interested persons.

(4) At least 48 hours before the start of a fishing season, AFMA must give the holder of each quota statutory fishing right a notice stating:

(a) the total allowable catch for the species to which the right relates for the fishing season; and

(b) the quota allocated to the right for the fishing season.

28 Amendment of total allowable catch

(1) During a fishing season, AFMA may vary the total allowable catch for a species of scallop for the season.

(2) Repealed

(3) Before varying the total allowable catch for a species of scallop, AFMA:

(a) must consult the Committee and consider the Committee’s views; and

(b) may consider the views of other interested persons.

(4) If AFMA varies the total allowable catch for a species of scallop under subsection (1), AFMA must give, to each holder of a quota statutory fishing right for the species to which the variation relates, written notice of the variation.

(5) The notice must also state the quota allocated to the right for the fishing season.

Part 4 Miscellaneous

30 Delegation

AFMA may, by writing under its common seal, delegate to an officer of AFMA any of its powers or functions under this Management Plan, except its powers under sections 27 and 28 and this section.

31 Agents

(1) If the holder of a statutory fishing right appoints a person to be the holder’s agent for a matter to which this Management Plan applies, the holder must give AFMA a notice that states:

(a) the name of the agent; and

(b) the powers that may be exercised by the agent.

(2) A notice must be accompanied by the instrument, or a certified copy of the instrument, by which the holder appointed the agent.

(3) For the purposes of this Management Plan, the appointment of an agent by the holder of a statutory fishing right is of no effect unless AFMA has been told about the appointment under subsection (1).

(4) In deciding an application under this Management Plan:

(a) AFMA may assume that a notice given under this section is properly given; and

(b) AFMA need not verify, by other means, the authority of the agent to make the application.

32 Notices

(1) In this section:

address or facsimile number, for the holder of a statutory fishing right, means the holder’s address, or facsimile number, stated in the Register.

notice means a notice that is required, or allowed, by this Management Plan to be given in writing.

working day means a day that is not:

(a) a Saturday or Sunday; or

(b) a public holiday in the place to which the notice is sent.

(2) A notice to the holder of a statutory fishing right is taken to be given to the holder if it is:

(a) delivered to the holder’s residential or office address; or

(b) posted to the holder’s postal address; or

(4) A notice to a person is taken to have been given to the person if it is delivered to the person’s last known address.

(5) A notice given to the holder of a statutory fishing right under this section is taken to have been given to the holder:

(a) if the notice is delivered to the holder’s residential or office address — on the day when it is delivered; and

(b) if the notice is sent by facsimile to the holder’s facsimile number:

(i) 24 hours after the notice is sent; or

(ii) if that period does not end between 9 am and 5 pm on a working day in the place to which the notice is sent — at 9 am on the next working day in that place.

Note Under subsection 160 (1) of the Evidence Act 1995, it is presumed (unless evidence is sufficient to raise doubt about the presumption is adduced) that a postal article sent by pre‑paid post addressed to a person at a specified address in Australia or in an external Territory was received at that address on the fourth working day after having been posted.

Part 5 Transitional

33 Transitional

(1) This section ceases to have effect on the day specified in a notice published in the Gazette under subsection (2).

(2) When the first statutory fishing rights granted under this Management Plan come into effect, AFMA must publish a notice in the Gazette stating that this section ceases to have effect on a day specified in the notice.

(3) The day specified in a notice under subsection (2) must not be earlier than the day on which the notice is published.

(4) Despite section 10, a person may engage in fishing for scallops in the area of the fishery if the person holds a fishing permit that is in force.

(5) This Management Plan does not affect a fishing permit, or a condition to which the permit is subject.

(6) This Management Plan does not prevent AFMA from granting or transferring a fishing permit.

Schedule 1 Area of the fishery

(section 3)

That part of the AFZ contained within the area bounded by a line beginning at 40 45 00 S, 140 57 57 E and running progressively:

east along the parallel 40 45 00 S to its intersection with the meridian 144 15 00 E;
north along that meridian to its intersection with the parallel 40 20 00 S;
north‑easterly along the geodesic that runs through 40 04 00 S, 144 47 00 E to its intersection with the line, every point on which is 20 nautical miles seaward of the baseline from which the coastal waters of Tasmania are measured;
generally easterly along that line to its intersection north of Tasmania with the meridian 146 47 00 E;
north‑easterly along the geodesic to 40 37 00 S, 146 59 00 E;
north‑easterly along the geodesic to 40 30 00 S, 147 16 00 E;
north‑easterly along the geodesic to 40 29 00 S, 147 25 00 E;
north‑westerly along the geodesic to 40 18 00 S, 147 22 00 E;
north‑westerly along the geodesic to 40 04 00 S, 147 19 00 E;
north along the meridian 147 19 00 E to its intersection with the parallel 39 53 00 S;
north‑easterly along the geodesic to 39 36 00 S, 147 32 00 E;
south‑easterly along the geodesic that runs through 39 44 00 S, 147 51 00 E to its intersection with the outer limit of coastal waters adjacent to, and north‑west of, Flinders Island;
generally north‑easterly and south‑easterly along that outer limit to its intersection east of Flinders Island with the parallel 39 56 00 S;
east along that parallel to its intersection with the meridian 150 25 00 E;
north along that meridian to its intersection with the boundary between the adjacent areas in relation to Victoria and New South Wales;
north‑westerly along that boundary to its intersection with the outer limit of the coastal waters of Victoria;
generally south‑westerly along that outer limit to its intersection with the meridian 149 59 00 E;
south along that meridian to a point 20 nautical miles seaward of the nearest point of the baseline from which the coastal waters of Victoria are measured;
generally south‑westerly along the line, every point on which is 20 nautical miles seaward of the nearest point of the baseline from which the coastal waters of Victoria are measured, to its intersection with the parallel 39 00 00 S;
west along that parallel to its intersection with the outer limit of the coastal waters of Victoria east of Wilson’s Promontory;
generally southerly along that outer limit to its intersection with the boundary between the adjacent areas in relation to Victoria and Tasmania;
west along that boundary to its westernmost intersection with the outer limit of the coastal waters of Victoria;
generally northerly and westerly along that outer limit to its intersection with the meridian 146 00 00 E;
south along that meridian to a point 20 nautical miles seaward of the nearest point of the baseline from which the coastal waters of Victoria are measured;
generally westerly along the line, every point on which is 20 nautical miles seaward of the nearest point of the baseline from which the coastal waters of Victoria are measured, to its intersection with the meridian 140 57 57 E;
south along that meridian to the point of commencement;

but excluding all areas that are part of the coastal waters of Tasmania or Victoria.

Schedule 2 Species of scallop

(section 3)

Item	Common name	Scientific name	Marketing name
1	Commercial scallop	Pecten fumatus	Scallop
2	Doughboy scallop	Chlamys (Mimachlamys) asperrimus	Doughboy scallop

Note: Endnotes

Note: Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The 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.

The 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.

Editorial changes

The 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.

If 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.

Misdescribed amendments

A 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.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Note: Endnote 2—Abbreviation key

ad = added or inserted	o = order(s)
am = amended	Ord = Ordinance
amdt = amendment	orig = original
c = clause(s)	par = paragraph(s)/subparagraph(s)
C[x] = Compilation No. x	/sub‑subparagraph(s)
Ch = Chapter(s)	pres = present
def = definition(s)	prev = previous
Dict = Dictionary	(prev…) = previously
disallowed = disallowed by Parliament	Pt = Part(s)
Div = Division(s)	r = regulation(s)/rule(s)
ed = editorial change	reloc = relocated
exp = expires/expired or ceases/ceased to have	renum = renumbered
effect	rep = repealed
F = Federal Register of Legislation	rs = repealed and substituted
gaz = gazette	s = section(s)/subsection(s)
LA = Legislation Act 2003	Sch = Schedule(s)
LIA = Legislative Instruments Act 2003	Sdiv = Subdivision(s)
(md) = misdescribed amendment can be given	SLI = Select Legislative Instrument
effect	SR = Statutory Rules
(md not incorp) = misdescribed amendment	Sub‑Ch = Sub‑Chapter(s)
cannot be given effect	SubPt = Subpart(s)
mod = modified/modification	underlining = whole or part not
No. = Number(s)	commenced or to be commenced

Note: Endnote 3—Legislation history

Name	FRL registration and gazettal	Commencement	Application, saving and transitional provisions
Bass Strait Central Zone Scallop Fishery Management Plan 2002	7 Nov 2002	7 Nov 2002 (s 2 and gaz 2002, No. S422)
Bass Strait Central Zone Scallop Fishery Management Plan Amendment 2004 (No. 1)	29 Nov 2004	29 Nov 2004 (s 2 and gaz 2004, No. S476)	—
Bass Strait Central Zone Scallop Fishery Management Plan Amendment 2010 (No. 1)	30 Apr 2010 (F2010L01126)	1 May 2010 (s 2)	—
Fisheries Legislation (Management Plans) Amendment 2011 (No. 1)	19 Dec 2011 (F2011L02746)	Sch 3: 20 Dec 2011 (s 2)	—
Fisheries Legislation (Management Plans) Amendment 2013 (No. 1)	30 Apr 2014 (F2014L00457)	Sch 1: 1 May 2014 (s 2)	—
Bass Strait Central Zone Scallop Fishery Management Plan Amendment 2014	27 May 2014 (F2014L00609)	28 May 2014 (s 2)	—
Fisheries Management Plans Amendment 2016	3 May 2016 (F2016L00627)	Sch 1: 4 May 2016 (s 2)	—
Bass Strait Central Zone Scallop Fishery Management Plan Amendment Instrument 2019	17 Sept 2019 (F2019L01209)	Sch 1 (items 3–19): 1 Mar 2020 (s 2(1) item 2)Remainder: 1 Oct 2019 (s 2(1) item 1)	—
Fisheries Management Legislation Amendment (Minor Updates to Management Plans) Instrument 2024	16 Sept 2024 (F2024L01167)	Sch 1 (items 1–5): 14 Oct 2024 (s 2(1) item 1)	—

Note: Endnote 4—Amendment history

Provision affected	How affected
Part 1
s 2.....................	rep LA s 48D
s 3.....................	am No 1, 2004; F2010L01126; F2011L02746; F2019L01209
s 7.....................	am F2010L01126
s 8.....................	am F2019L01209
Part 2
Division 1
s 11....................	am F2011L02746
s 12....................	am F2010L01126; F2014L00457; F2019L01209
s 13....................	rep F2019L01209
Division 2
s 15....................	am F2024L01167
Division 3
s 17....................	rep F2011L02746
s 18....................	am F2024L01167
Division 4
s 21....................	rep F2011L02746
s 22....................	am F2010L01126; F2011L02746; F2016L00627; F2024L01167
Div. 5 of Part 2.............	rep F2011L02746
s 23....................	rep F2011L02746
Div. 6 of Part 2.............	rep F2011L02746
s 24....................	rep F2011L02746
s 25....................	rep F2011L02746
s 26....................	rep F2011L02746
Part 3
s 27....................	am F2010L01126; F2014L00609; F2019L01209
s 28....................	am F2010L01126; F2019L01209
Part 4
s 29....................	rep F2011L02746
s 30....................	am F2011L02746
s 32....................	am F2010L01126
s 33....................	exp (s 33(1))
Schedule 1
Schedule 1................	am 2004 No. 1
Schedule 2
Schedule 2................	am 2004 No. 1
	rs F2010L01126
Schedule 3................	rep F2010L01126

1 Bass Strait Central Zone Scallop Fishery Management Plan 2002

Bass Strait Central Zone Scallop Fishery Management Plan 2002

made under section 17 of the

Fisheries Management Act 1991

Compilation No. 9

Compilation date: 14 October 2024

Includes amendments: F2024L01167

About this compilation

This compilation

This is a compilation of the Bass Strait Central Zone Scallop Fishery Management Plan 2002 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

Application, saving and transitional provisions for provisions and amendments

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

Part 1 Preliminary

1 Name of Management Plan

3 Definitions

4 Application of catch to statutory fishing rights

5 Geographical coordinates

6 Objectives (Act s 17 (5))

7 Measures by which the objectives are to be achieved (Act s 17 (5))

The Management Plan operates on a small set of interlocking legal concepts that determine access, allocation and administrative controls.

Statutory fishing rights. The Plan distinguishes quota statutory fishing rights (rights to take a specified shell weight amount of a scallop species in a season) and boat statutory fishing rights (a right to use a nominated boat in the area) (s 3 definitions). Certificates issued by AFMA record the grant and conditions (s 19). The Plan provides for provisional grants tied to historic fishing permits (s 16).
Total allowable catch (TAC) and quota allocation. TAC is the total shell weight of scallops of a species that may be taken under quota statutory fishing rights in a fishing season (s 3 definition). AFMA must determine the TAC before each season (s 27(1)). The Plan prescribes that the quota allocated to an individual quota right for a season is the TAC divided by the total number of quota statutory fishing rights in force for that species at the start of the season (s 12(6)). AFMA may vary the TAC during a season, subject to consultation and notice requirements (s 28).
Fishing season. AFMA determines the fishing season; such a determination is a legislative instrument under the Legislation Act (s 3 definition and note). The Plan conditions the exercise of fishing rights on activity occurring only during the fishing season (s 22(1)).
Bycatch action plan. AFMA must implement and review a bycatch action plan, assessing impacts of scallop harvesting and implementing measures to minimise adverse environmental effects; AFMA must review it at least once every two years (s 9(1)-(3)).
Eligible person and provisional grant mechanics. Eligibility to be registered for a grant is tied to holding a fishing permit on 1 March 2001 if AFMA publishes an intention notice (s 15). Registered eligible persons receive provisional grants of quota statutory fishing rights and a boat statutory fishing right per permit (s 16). The Plan sets a procedural sequence for the gazetting of grants and the need for persons to request the grant (s 18).
Application of catch across multiple rights. If one person holds multiple quota rights, catches are applied progressively so each quota right is fully accounted for before the next is debited; AFMA must recalculate if the quota changes mid‑season to fully account for as many rights as possible while leaving no more than one partly accounted for (s 4).
Definitions and units. Scallop species are identified in Schedule 2 (Pecten fumatus and Chlamys (Mimachlamys) asperrimus) and quotas are expressed in shell weight (s 3 definitions, Schedule 2). The geographic limits of the fishery are set by Schedule 1 coordinates (s 3, Schedule 1).
Administrative powers and limits. AFMA must consult the Committee before TAC decisions (s 27(3), 28(3)). AFMA may delegate powers to officers except its powers under ss 27 and 28 and the delegation section (s 30), signalling that TAC determinations and variations are not delegable under the Plan.

These concepts together create a property‑style allocation (quota rights) with administrative control over TAC and seasonality, compliance duties on holders and receivers, and entrenched consultation obligations. The Plan embeds precise mechanics for conversion of historical permits into quota rights, calculation of per‑right allocations, and the administrative lifecycle for notices, certificates and agent appointments.

The Plan identifies a closed set of persons and entities whose legal rights or duties are affected.

Holders of quota statutory fishing rights. Persons granted quota rights are directly affected by the Plan’s core obligations: do not take more than the quota allocated for the season; use the nominated boat where required; comply with management plan conditions; provide requested biological, economic or technical information or samples to AFMA (s 12(1), 11, 22(2)(a), (f)). The quota allocation method (s 12(6)) directly affects each holder’s seasonal entitlement.
Holders of boat statutory fishing rights. Historically, a boat statutory fishing right was required for a person to fish (s 11(1)), but boat rights cease to have effect on 1 February 2007 (s 20). The Plan therefore affected boat owners and operators before that date and established a transition in access rules from that date (s 11).
Eligible persons and applicants. Eligibility to be registered as an eligible person for grant of a statutory fishing right is limited to persons who held a fishing permit for the fishery on 1 March 2001, contingent on AFMA publishing an intention notice (s 15). This makes the initial allocation dependent on historic permit status.
Persons who receive scallops taken from the area. The Plan applies to persons who receive scallops taken from the area of the fishery (s 10(b)). The definition of fish receiver permit is cross‑referenced to the Act and Regulations (s 3), so processors, wholesalers and other receivers are within scope and hence subject to relevant conditions and reporting obligations.
AFMA and the Committee. AFMA holds the decision powers for TAC and its variation (ss 27-28), the duty to implement the bycatch action plan (s 9) and to publish information and set levies (s 7(i), (j)). The Committee is a statutory consultative body whose views AFMA must consider before TAC decisions (ss 27(3), 28(3); s 3 definition of Committee referencing s 54 of Fisheries Administration Act 1991).
Agents and persons acting for right‑holders. The Plan recognises agents and persons acting with consent as actors; an appointment of an agent has no effect for Plan purposes unless AFMA is given notice and a copy of the instrument appointing the agent (s 31).
Persons on vessels used for scientific research. Scientific permit holders authorised to use a boat for research may operate in the area despite quota restrictions when acting under a scientific permit (s 14; s 12(4) excludes scallops taken under a scientific permit from count).
Interested persons. The Plan’s consultation requirements allow “interested persons” (defined in s 3) to have their views considered when AFMA makes directions or determinations; examples include environmental organisations, other sea‑users, and processors.
State and Commonwealth regulatory authorities. The Plan interacts with other regulatory regimes (Fisheries Management Regulations 2019, Statutory Fishing Rights Charge Act 1991, Regulatory Powers Act applied by the Fisheries Management Act) as noted in the Plan’s notes and definitions (s 3 notes; s 22 notes).

Geography and species scope define affected parties in spatial and biological terms. The area of the fishery is set precisely in Schedule 1 by coordinates and lines (Schedule 1). Scallop species in scope are set out in Schedule 2 (Pecten fumatus and Chlamys (Mimachlamys) asperrimus) and quotas are measured in shell weight (s 3 definitions, Schedule 2). Those who fish, land, process or otherwise receive scallops from within those coordinates and of those species are therefore subject to the Plan.

Who pays and who decides: AFMA administers the Plan and makes TAC decisions (ss 27-28); quota holders pay compliance, reporting and possible levy costs (s 7(i)); registered eligible persons bear the administrative burden to request grants and comply with notice requirements (s 18). Processors and receivers must hold appropriate fish receiver permits and are within the Plan’s regulatory perimeter (s 3 notes, s 10(b)).

This section summarises the operative entitlements and obligations created by the Management Plan with statutory references.

Rights

Right to take quota amounts. A quota statutory fishing right confers the right to take a specified quota (an amount expressed in shell weight) of a scallop species in a fishing season (s 3 definitions, s 12(1)). The per‑right allocation for a season is calculated by dividing the TAC by the number of quota statutory fishing rights in force at the start of the season (s 12(6)).
Right to use a nominated boat (historical). A boat statutory fishing right was a right to use a nominated boat in the area of the fishery until 1 February 2007, when boat rights ceased to have effect (ss 3 definition, 20). Until 1 February 2007, a person required both quota and boat rights and to use a boat registered as a nominated boat for both (s 11(1)).
Right to use a boat for scientific research. Scientific permit holders authorised to use a boat for research may lawfully use a boat in the area for that purpose; scallops taken under such scientific permits are not counted against quota (s 14; s 12(4)).
Procedural rights. Eligible persons registered under the Act who meet conditions can receive provisional grants (ss 15-16). A person must request a grant after the Gazette notice is published; AFMA’s procedural steps including reminder and final notices are set out (s 18). AFMA must enter statutory fishing rights in the Register and issue certificate extracts with required particulars (s 19; Act s 45 reference in s 19 notes).

Duties and conditions

Do not exceed quota. Holders must not take more than the quota allocated to their quota statutory fishing right in a fishing season (s 12(1)). On a trip, the holder must not take an amount greater than the total allowed under all quota rights for which the boat is nominated (s 12(3)).
Compliance with the Management Plan and conditions. It is a condition of a quota statutory fishing right that the holder comply with the Management Plan, with conditions stated on the certificate, and with relevant regulations (s 22(2)(a); s 22 notes).
Minimise incidental catch. Holders must take reasonable precautions to ensure incidental catch of species they are not entitled to take is kept to a minimum (s 22(2)(c)). AFMA must implement a bycatch action plan that requires assessment and mitigation measures (s 9(1)-(3)).
Provide information and samples. If AFMA requests biological, economic or technical information or biological samples available to the holder, the holder must provide them (s 22(2)(f)).
Seasonality. Fishing is permitted only during the fishing season (s 22(1)). AFMA determines seasons as legislative instruments (s 3 note).
Agent notification. A holder who appoints an agent must notify AFMA in writing and provide the instrument by which the agent was appointed; the appointment has no effect for Plan purposes until AFMA is notified (s 31).
Notices and communication. Holders must monitor and respond to notices given in accordance with the Plan; the Plan sets out deemed receipt rules and timings for different modes of service (s 32).

Administrative and procedural duties on AFMA

TAC determination and notification. AFMA must determine TACs before the fishing season, consult the Committee and notify quota holders at least 48 hours before the season starts (s 27(1), (3)-(4)).
TAC variation. AFMA may vary TAC during a season but must consult the Committee and notify quota holders of the variation and the resulting quota allocation (s 28(1), (3)-(4)).
Bycatch plan implementation. AFMA must implement and review a bycatch action plan at least every second year (s 9).
Registration and provisional grants. AFMA must register eligible persons and make provisional grants where conditions are met (ss 15-16; s 18 prescribes request procedures).

Conditionalities and caveats

Mid‑season quota changes and retrospective accounting. If AFMA increases the quantity that may be taken under a statutory fishing right during a season, AFMA must recalculate application of catches across multiple rights so the greatest possible number are fully accounted for and no more than one is partly accounted for (s 4(3)).
Suspended rights treated as in force for allocation. A quota right suspended under relevant Act provisions is taken to be in force when working out quota allocation (s 12(7)).
Exemptions on quota decreases. If quota allocated to a right decreases during a season, a holder is exempt from contravening the over‑take prohibition where they had taken amounts not exceeding the quota before the decrease and they take no further scallops after AFMA gives notice under s 28(4) (s 12(2A)).

The Plan therefore creates a structured bundle of positive rights (quota, limited boat rights, scientific use) and layered duties that govern conduct, reporting, and interaction with AFMA and the Committee. Many operational obligations are implemented through certificate conditions and cross‑reference to regulations and AFMA instructions (s 19 notes; s 22 notes).

The Management Plan itself does not set specific fine amounts or criminal penalties within its text, but it hooks into the enforcement architecture of the Fisheries Management Act 1991 and other Commonwealth instruments. The Plan’s own provisions and notes indicate the following enforcement and administrative mechanisms.

Administrative actions by AFMA

Suspension of statutory fishing rights. The Plan notes that AFMA has power under section 38 of the Act to suspend a statutory fishing right if AFMA has reasonable grounds to believe a condition of the right has been contravened (s 22 note 5). Suspension affects the right‑holder’s ability to exercise their rights and interacts with allocation mechanics because suspended rights are treated as in force for quota splitting (s 12(7)).
Cancellation of registration. AFMA must cancel a person’s registration as an eligible person where the person fails to request a grant following the Gazette, reminder and final notices and cannot show a reasonable excuse (s 18(4)). This procedural cancellation affects entitlement to provisional grants.
Administrative compliance and monitoring. The Plan requires AFMA to implement catch monitoring and surveillance programs (s 7(e)) and to collect data and publish information (s 7(d), (j)). These programs feed enforcement and compliance actions.

Infringement notices and regulatory powers

Infringement notices under Regulatory Powers Act. The Plan notes that breaches of logbook requirements could lead to an infringement notice under the Regulatory Powers Act as applied by s 98A of the Fisheries Management Act 1991 (s 22 note 3). The Plan therefore contemplates civil administrative sanctions issued under delegated enforcement regimes.
Certificate and register consequences. The Plan requires AFMA to enter statutory fishing rights into the Register and issue certificates with conditions (s 19; Act s 45 referenced). Breach of conditions can trigger administrative review powers, suspension and other consequences under the Act (s 22 notes; see Act ss referenced in Plan notes).

Procedural protections and review

Reconsideration and review. Decisions under the Plan (e.g. registration, grant) are, where the Act so provides, subject to reconsideration under s 165 of the Act and review by the Administrative Review Tribunal as provided in the Act (s 15 note 4; s 18 note 2). The Plan itself sets out appeal pathways for some decisions.
Delegation limits. AFMA may delegate most powers under the Plan to officers, but not its powers under ss 27 and 28 (TAC determination and variation) nor the delegation section itself (s 30). This preserves a degree of centralized decision‑making for high‑impact regulatory acts.

Operational enforcement mechanics

Notices and deemed receipt rules. The Plan prescribes how notices are given and when they are taken to be received (s 32). Those rules drive enforcement timetables, suspension triggers and statutory deadlines.
Data and research obligations. Holders must provide AFMA with information and samples on request (s 22(2)(f)). Failure to cooperate could be a compliance ground under the Act, leading to administrative penalties or suspension per the Act’s enforcement provisions (s 22 note 3; Act s 38 referenced).

Limitations in the Plan

No express monetary penalties in Plan text. The Plan does not itself state specific monetary penalties or criminal sanctions. Its enforcement mechanism is to rely on the powers and penalty regimes of the Act, Regulations and the Regulatory Powers Act (as applied), together with administrative actions such as cancellation, suspension and register adjustments (s 18(4); s 22 notes).
Interaction with suspension for allocation. Because suspended quota rights are taken to be in force for quota calculations (s 12(7)), suspension may have the counterintuitive effect of preserving a holder’s share of TAC allocation while denying exercise of the right,this changes the immediate economic consequences of suspension compared with cancellation.

In short, enforcement is executed primarily through administrative measures by AFMA, infringement notice regimes applied via other legislation, and the Act’s suspension and review mechanisms. The Plan provides the operational rules that trigger these enforcement mechanisms (notice service, quota breaches, failure to provide information), but specific penalty quantum and criminal processes are contained in the Act and Regulations referenced in the Plan rather than in the Plan text itself (s 22 notes; Act references).

The Management Plan is embedded in a network of Commonwealth statutes, delegated instruments and regulations. The Plan itself repeatedly cross‑references these instruments and relies on them for definitions, procedures and enforcement.

Primary Act framework

Fisheries Management Act 1991 (the Act). The Plan is made under s 17 of the Act and relies on the Act for the statutory fishing rights architecture, registers, suspension powers, and review processes. The Plan directs AFMA to act in ways required by the Act (see s 6 objectives referencing Act s 17(5), s 15 notes referring to Act s 24-26, s 18 notes including Act ss 22, 23, 31, 45). The Plan also notes that a statutory fishing right ceases to have effect if AFMA revokes the Plan (s 18 note 3 referencing Act ss 20(4) and 22(3)).
Fisheries Administration Act 1991. The Committee referenced in the Plan is established under s 54 of the Fisheries Administration Act 1991; the Plan makes AFMA consult and consider the Committee’s views when setting or varying TAC (ss 27(3), 28(3); s 3 definition of Committee).

Regulations and administrative instruments

Fisheries Management Regulations 2019. The Plan references the Regulations for details such as the identification code allocated to boats under reg 80 and for particulars to be entered in the Register for nominated boats (s 3 definitions and s 19 note). Many operational conditions are implemented via Regulations referenced in Plan notes (s 22 notes).
Statutory Fishing Rights Charge Act 1991. The Plan notes that a grant ceases to be available if a person does not tender the statutory fishing rights charge where applicable, and that at the time of drafting there was no charge payable for non‑auction grants (s 18 note 2 referencing Statutory Fishing Rights Charge Act 1991). This indicates potential interaction with statutory charging provisions when allocations are not by auction.
Legislation Act 2003 and Legislative Instruments. The fishing season determination is a legislative instrument for the purposes of the Legislation Act 2003 (s 3 note). This subjects fishing season determinations to the procedural rules for legislative instruments, including publication and disallowance regimes where applicable.
Evidence Act 1995. The Plan’s notices provision cross‑references the Evidence Act s 160 presumption about postal articles (s 32 note), affecting legal presumptions about receipt of notices for enforcement and appeal timetables.
Petroleum (Submerged Lands) Act 1967. The Plan borrows the definition of “adjacent area” in relation to a State from that Act for the purpose of defining the fishery’s outer extents (s 3).
Regulatory Powers Act. The Plan anticipates the use of Civil infringement notices under the Regulatory Powers Act, as applied by s 98A of the Fisheries Management Act, for some breaches (s 22 note 3), linking to the administrative penalties framework.

Other interfaces and consequential effects

Scientific permits and other permits. The Plan exempts scallops taken under scientific permits from being counted against quota (s 12(4)), and references Act s 33 about grant of scientific permits (s 14 note). Thus the scientific permit regime operates alongside quota rights.
State coastal water regimes. Schedule 1 expressly excludes areas that are part of the coastal waters of Tasmania or Victoria, which interacts with State jurisdictional boundaries and may affect where Commonwealth TAC rules apply (Schedule 1).
Administrative review and tribunal pathways. Decisions under the Plan are subject, where the Act provides, to reconsideration under s 165 of the Act and review by the Administrative Review Tribunal in accordance with the Act (s 15 note 4; s 18 note 2) which aligns Plan decisions with the Act’s administrative review architecture.
Registers and property‑like rights. The Plan ties rights to AFMA’s Register, invoking Act s 45 requirements and Regulation details for registers and nominated boat particulars (s 19 notes). This creates interactions with property transfer, registration and any charging rules in other Commonwealth instruments.

Operational implication of these interactions

Enforcement, review, and procedural timing are controlled as much by the Act, Regulations and other legislation as by the Plan. Users must read the Plan in conjunction with the Act and relevant Regulations to determine specific offences, penalty amounts, register particulars, and administrative appeal routes (s 19 notes; s 22 notes).
AFMA’s inability to delegate TAC powers under s 30 (the Plan prevents delegation of ss 27 and 28) limits administrative delegation but does not remove the role of the Committee or the need to comply with legislative instrument procedures for determinations (s 30; s 27(3)).
The Plan’s references to other laws mean that changes in those statutes or Regulations will affect the Plan’s operation. The Plan’s endnotes and amendment history show successive amendments interacting with Regulations and other legislative changes (Endnote 3, Endnote 4).

In sum, the Plan is a component of a layered statutory scheme. Compliance and enforcement require attention not only to the Plan’s text (TAC, allocation formula, bycatch plan, provisional grants) but also to the Act, Regulations, legislative instrument rules and administrative review mechanisms it cites.

The compilation includes a full amendment history in Endnote 3 and Endnote 4. The Plan was originally made and registered on 7 November 2002 (Compilation No. quoted in Endnote 3). Since then it has been amended multiple times; key dates and subject matter changes recorded in the endnotes are as follows (Endnote 3 chronology and Endnote 4 amendment history):

29 November 2004: Bass Strait Central Zone Scallop Fishery Management Plan Amendment 2004 (No. 1) (Endnote 3 shows registration and commencement that day). Schedule 1 and Schedule 2 were amended (Endnote 4: s 3, Schedule 1 & 2 amendments).
1 May 2010 (registered 30 April 2010, F2010L01126): Amendment Instrument 2010 (Endnote 3). This amendment adjusted definitions and provisions: s 3 amended and ss 7 and 27 amended (Endnote 4 shows s 3, s 7, s 27, s 28 affected). The 2010 instrument appears to have reworked TAC mechanics and other Plan matters.
December 2011 and 2013-2016: Several management plans amendment instruments (F2011L02746; later instruments) made structural changes, including repeals of certain sections and divisions of the Plan (Endnote 4 shows multiple repeals: s 13 repealed F2019L01209; s 17 rep F2011L02746 etc.). In particular, some divisions and clauses that originally existed were repealed as part of a broader reshaping of management plans across fisheries.
28 May 2014 and 4 May 2016: Amendment instruments in 2014 and 2016 adjusted TAC and other operational provisions (Endnote 3 and Endnote 4 entries indicate s 27 amendments in 2010, 2014 and 2019; s 22 amended in 2010, 2011, 2016, and 2024).
1 March 2020 and 17 September 2019: The 2019 instrument (F2019L01209) included multiple amendments, with parts commencing 1 Oct 2019 and items 3-19 commencing 1 March 2020 (Endnote 3). Endnote 4 shows that the 2019 instrument repealed s 13, amended s 12, s 27, and s 28 among others.
14 October 2024: The most recent compilation date. The Fisheries Management Legislation Amendment (Minor Updates to Management Plans) Instrument 2024 (F2024L01167) effected amendments with Sch 1 items 1-5 commencing 14 Oct 2024. Endnote 4 records F2024L01167 amending s 15, s 18, s 22 and other provisions.

Provision‑level observations from the amendment history (Endnote 4)

s 3 (definitions) has been amended multiple times (No. 1 2004; F2010L01126; F2011L02746; F2019L01209).
s 7 (measures) amended in 2010 (F2010L01126).
s 8 (performance criteria) amended in 2019 (F2019L01209).
s 11 (who may fish) amended in 2011 (F2011L02746) to reflect the change when boat statutory fishing rights ceased to be required after 1 February 2007 and to distinguish pre‑ and post‑2007 arrangements.
s 12 (quantity/quotas) amended multiple times (F2010L01126; F2014L00457; F2019L01209), indicating iterative adjustments to quota calculation, mid‑season variation mechanics and related exemptions.
s 13 (fishing methods) repealed by F2019L01209.
s 15 (conditions for registration) amended as recently as 2024 (F2024L01167), reflecting ongoing updates to registration mechanics.
s 16 (provisional grants) remains as the core historical allocation mechanism, but surrounding provisions about requests, certificates and conditions have seen amendment.
s 22 (other obligations) amended multiple times (F2010L01126; F2011L02746; F2016L00627; F2024L01167), reflecting iterative changes to holder obligations and the codification of compliance and reporting duties.
Parts and divisions have been reorganised; several sections were repealed or relocated as part of omnibus management plan amendments in 2011 and later (Endnote 4 notes multiple repeals).

Use in practice

The amendment history in Endnote 3 lists every instrument that has altered the Plan and the precise commencement dates. The endnotes show the Plan is an active instrument periodically adjusted to reflect regulatory or policy updates.
Users must consult the Register and the current compilation to see which amendments have commenced; the compilation notes that uncommenced amendments are not shown in the compiled text and that the endnotes mark such items as underlined where relevant.
Editorial changes authorised under the Legislation Act 2003 are noted in the compilation; such changes are not intended to change legal effect (endnotes).

In sum, the Plan has been regularly amended since 2002, with substantive changes to registration, quota mechanics, obligations and TAC procedures. The endnotes provided with the compilation are the authoritative record of amendment instruments and commencement dates; practitioners must check those and the Register for the up‑to‑date legal text and any uncommenced items.

The compiled Management Plan and its endnotes do not record or cite any litigation decisions concerning the Plan. The Plan’s endnotes list a detailed legislative amendment history (Endnote 3 and Endnote 4) but do not include judicial decisions, reported cases or tribunal determinations. The Plan’s notes reference administrative review routes under the Fisheries Management Act 1991,for example, reconsideration under s 165 and potential review by the Administrative Review Tribunal (s 15 note 4; s 18 note 2),but the compilation contains no case law, examples of enforcement litigation, or reported tribunal outcomes.

Consequently:

There is no litigation history included in this compilation to show how courts or tribunals have interpreted specific Plan provisions, AFMA’s exercise of discretions under ss 27-28, the application of suspension powers, or the application of the bycatch action plan.
The Plan prescribes administrative review pathways; practitioners should expect disputes to be first addressed through the Act’s statutory reconsideration mechanism and, where available, tribunal review, rather than litigation being directly recounted in the Plan.
For any legal disputes arising under the Plan, the relevant primary sources for procedure and review will be the Fisheries Management Act 1991 (particularly ss 165 and Part 8 Division 3 references), the Administrative Review Tribunal procedures, and the Regulations implementing the Plan. Any judicial interpretations would be found in case law databases and tribunal records, which are not reproduced in this compilation.

If litigation history is required for practical work, the Plan directs users to the Act’s review mechanisms; practitioners will need to search external legal databases and tribunal determinations for any decisions applying or construing the Plan or AFMA’s actions under it, because the compilation itself does not contain such materials.

This section flags specific operational, timing and interpretive points in the Plan that commonly produce unintended consequences or administrative risk, anchored to the Plan’s text.

Provisional grant quantum and unit interpretation (s 16)

s 16 provides provisional grants of "3 500 quota statutory fishing rights for each species of scallop" for each fishing permit held on 1 March 2001. This is a numeric allocation that feeds into the quota allocation formula at s 12(6). Practitioners must confirm whether this number is intended as discrete quota units that, when totalled across eligible persons, determines the denominator for per‑right allocation. The Plan does not itself convert those units into shell weight; that conversion occurs via the TAC calculation (s 12(6)). Misreading the 3 500 figure as a shell‑weight entitlement instead of a count of quota units would produce major allocation errors.

Suspended rights treated as in force for quota splitting (s 12(7))

Rights suspended under the Act are treated as in force when working out quota allocation. Therefore suspension may not reduce the denominator for per‑right quota calculations, preserving value for suspended holders at the allocation stage while preventing exercise of the right. This creates potential distortions where suspension is used as a compliance tool but does not proportionally reduce allocations to active fishers.

Short notice for TAC notification (s 27(4))

AFMA must notify quota holders of TAC and quota allocation "at least 48 hours" before the season commences. Practitioners should note the brief operational window for pre‑season planning, logistics, and financing that follows AFMA’s notification.

Mid‑season TAC increases and decreases (ss 4(3), 12(2), 28)

If AFMA increases quota during a season, s 4(3) compels recalculation of how catches are applied across multiple rights so the greatest number of rights are fully accounted for and no more than one is partially accounted for. Operationally this requires detailed trip‑level accounting and may produce retrospective adjustments to how earlier catches are allocated across an entity’s multiple rights.
If TAC decreases mid‑season, s 12(2A) provides an exemption from contravention only if the holder had not exceeded prior quota before the decrease and refrains from further taking after the holder is given notice under s 28(4). This creates a reliance on timely and effective service of AFMA notices (s 32 rules govern deemed receipt).

Boat statutory rights ceased 1 Feb 2007 (s 20) but the Plan contains pre‑2007 rules (s 11)

The Plan keeps distinct rules for before and after 1 February 2007 (s 11). Historical compliance obligations and records may still matter for provenance of provisional grants and registration history. Rights and operational permissions may look different depending on which temporal regime applies.

Notice and service rules might produce unintended timing effects (s 32)

The Plan’s deemed receipt rules for facsimile, postal and delivery service create precise cutoffs (s 32(5)) and reference Evidence Act presumptions for postal delivery timing (s 32 note). Practically, these rules affect appeal and cancellation timelines in s 18 and any enforcement notices; failure to understand the deemed receipt consequences can lead to lost administrative rights (e.g. cancellation for failing to request grant under s 18).

Obligations to hand over information and samples (s 22(2)(f))

Holders must provide data and biological samples to AFMA on request. This is an open‑ended duty; holders should maintain systems to record, preserve and transfer samples and economic data. Failure can trigger administrative sanctions under the Act or infringement notices as noted in Plan commentary.

Bycatch action plan review schedule (s 9(3))

AFMA must review the bycatch action plan at least once every second year. The review timetable creates recurrent obligations on AFMA to update measures; however, nothing in the Plan prescribes who funds modifications, and holders may face new gear or operational requirements arising from these reviews between seasons.

Delegation limits on TAC decisions (s 30)

s 30 explicitly prevents AFMA delegating its powers under ss 27 and 28. This concentrates high‑impact decisions in AFMA’s central decision makers and may slow responsiveness or create single‑point discretion risk.

Interaction with other legislation and register particulars (s 19 notes)

The plan repeatedly cross‑references the Act and Regulations for register entry particulars and for penalty regimes (s 19 notes; s 22 notes). Administrative errors in register entries, or failure to comply with form and identification code rules in the Fisheries Management Regulations 2019, can have material consequences for who can legally fish or land product.

Practitioner checklist to avoid these gotchas: confirm unit interpretation of provisional grants with AFMA; maintain precise trip‑level catch records and easily auditable data; monitor AFMA notices closely (48‑hour pre‑season window and s 28 notices); keep agent appointment paperwork up to date and filed with AFMA (s 31); build protocols to respond to requests for samples/information; and track bycatch plan review outcomes to anticipate gear or effort changes. These practical steps will mitigate timing and administrative risks embedded in the Plan’s mechanics.

Compliance requires operational systems, timely monitoring of AFMA communications, record‑keeping, and engagement with the Committee and AFMA processes. The following is a practical compliance roadmap tied to specific Plan provisions.

Establish entitlement and register status

Confirm registration and grant status in AFMA’s Register and obtain the certificate extract listing the conditions and nominated boats (s 19(3)). The extract must state the conditions and name and identification code of each nominated boat and be signed by an authorised AFMA officer (s 19(3)).

Monitor notices and legislative instruments

Monitor the Gazette and AFMA publications for: the initial Gazette notice that a grant is available (s 18(1)(a)); TAC determinations and notifications (s 27(4)); fishing season determinations (s 3 note that seasons are legislative instruments); and any s 28 variations to TAC. Because AFMA must notify quota holders at least 48 hours before the season starts (s 27(4)), implement procedures to receive and act on AFMA notices within that window.

Maintain accurate catch and trip records

Keep trip‑level logs so catches can be applied progressively across multiple quota rights per s 4(2) and to ensure on‑trip limits are not exceeded (s 12(3)). Logbooks and data collection must meet any requirements referenced in the Plan notes and Regulations (s 22 notes and s 22 note 1 referencing logbook requirements and s 42 of the Act).

Implement systems to comply with information and sample requests

Create procedures to collect, preserve and provide biological, economic and technical information and biological samples on request by AFMA (s 22(2)(f)). Maintain records of all requests and returns to AFMA to demonstrate compliance.

Bycatch minimisation and gear standards

Implement harvesting techniques and gear modifications consistent with the bycatch action plan and its reviews (s 9(1)-(3)). Document steps taken to minimise incidental catch to support compliance with the condition that “reasonable precautions” be taken (s 22(2)(c)).

Agent appointments and authorisations

Where an agent acts for a holder, file the required notice and instrument (or certified copy) with AFMA before the agent acts for Plan purposes (s 31(1)-(3)). Ensure the notice enumerates the powers the agent may exercise (s 31(1)(b)).

Understand quota allocation and mid‑season changes

Anticipate how TAC changes affect allocations. If AFMA increases TAC during a season, be prepared for recalculation of how catches are applied across multiple rights (s 4(3)). If TAC decreases during a season, ensure catch so far does not exceed the pre‑decrease allocation and cease taking after AFMA’s s 28(4) notice to maintain the s 12(2A) exemption.

Ensure compliance with related Regulations and permits

Hold and maintain any required fish receiver permits for receiving scallops (s 3 definition, s 10(b)). Comply with Fisheries Management Regulations 2019 and the Fisheries Management (Bass Strait Central Zone Scallop Fishery) Regulations 2002 for identification codes, nominated boat particulars and levy/fee obligations referenced in the Plan (s 19 notes; s 7(i), s 22 notes).

Respond to AFMA procedural deadlines

If a Gazette notice makes a grant available, request the grant within 30 days or follow the reminder/final notice sequence and provide a reasonable excuse if required (s 18(1)-(4)). Track timeframes for reminders and final notices to avoid cancellation of registration under s 18(4). Apply the Plan’s notice service rules (s 32) to calculate deadlines.

Prepare for audit, surveillance and enforcement

Implement independent record audits and compliance checks. AFMA’s catch monitoring and surveillance is specified as a measure (s 7(e)), and compliance failure may lead to infringement notices under the Regulatory Powers Act as applied or suspension under the Act (s 22 note 3; Act s 38 referenced in s 22 note 5). Maintain contemporaneous evidence of compliance (logbooks, catch reports, sample submissions, agent notices) to respond to any enforcement action.

Engage with the Committee and research programs

Participate in committee consultations and industry research programs. AFMA must consult the Committee and consider its views before TAC decisions and may consider views of other interested persons (ss 27(3), 28(3)). Participation helps shape TAC and bycatch measures and ensures that data available to AFMA reflects operators’ knowledge (s 7(d), 8(1)(c)).

Financial and levy planning

Budget for AFMA levies and fees as the Plan requires AFMA to prepare an annual budget and set levies (s 7(i)). Confirm whether statutory fishing rights charges apply (s 18 note 2 referencing Statutory Fishing Rights Charge Act 1991) and ensure timely payment where applicable.

Legal review and administrative remedies

If AFMA makes adverse decisions (for example, registration cancellation, refusal to grant rights in some contexts), use the Act’s reconsideration mechanism under s 165 and Administrative Review Tribunal pathways where available (s 15 note 4; s 18 note 2). Keep copies of all notices and AFMA communications to support review applications.

Implementing these steps requires operational investments: data systems to track catches in shell weight, compliance staff to manage notices and sample requests, legal or administrative resources for registry and appeal work, and ongoing engagement with AFMA and the Committee to anticipate TAC and bycatch measures. The Plan’s rules are precise about timing, data, and notice procedures; effective compliance is primarily administrative and record‑driven rather than discretionary.

Bass Strait Central Zone Scallop Fishery Management Plan 2002

Plain English Summary

Deep Dive

What it does

Current sections

Bass Strait Central Zone Scallop Fishery Management Plan 2002

Source text: opening excerpt

1 Bass Strait Central Zone Scallop Fishery Management Plan 2002

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply