Legislation

The objectives, powers and functions of the Australian Fisheries Management Authority (AFMA) are defined by the legislation which establishes it and a range of legislation which it administers. AFMA’s legislative basis represents the power invested in it by the Commonwealth Parliament to manage Australia’s fishing future.

• Fisheries Administration Act 1991
• Fisheries (Administration) Regulations 1992
• Fisheries Legislation Amendment (New Governance Arrangements for the Australian Fisheries Management Authority and other Matters) Act 2008
• Fisheries Management Act 1991
• Fisheries Management Regulations 1992
• Torres Strait Fisheries Act 1984
• Torres Strait Fisheries Regulations 1985
• Environment Protection and Biodiversity Conservation Act 1999
• Environment Protection and Biodiversity Conservation Regulations 2000

The above links will direct you to pages hosted on the ComLaw legislation register. ComLaw is maintained by the Attorney-General’s Department. These Acts may not contain all the relevant legislation on any topic. You should seek the advice of the Attorney-General’s Department or a lawyer before relying on these pages as a statement of the current law.

Fisheries legislation

AFMA is established under the Fisheries Administration Act 1991, and is invested with objectives, powers and functions under the Fisheries Administration Act 1991 and the Fisheries Management Act 1991. These key pieces of legislation provide the fundamental statutory basis for our operations.

Plans of management for fisheries are established under the Fisheries Management Act 1991, and this Act also sets out the legislative basis for Statutory Fishing Rights, licences and permits.

The Fisheries Management Act 1991 defines the Australian Fishing Zone (AFZ) and provides for the majority of Commonwealth fisheries offences. It underpins our cutting-edge domestic and foreign compliance work and provides us with enforcement powers to protect Australia’s valuable fishery resources.

Torres Strait legislation

AFMA is a delegate under the Torres Strait Fisheries Act 1984 and has an important role to play in this area.

Environmental legislation

Our responsibilities in relation to the pursuit of ecologically sustainable development (ESD) are clearly set out in section 3(1)(b) of the Fisheries Management Act 1991. We see this objective as a requirement to manage the long term sustainability of fisheries resources for the benefit of all users and interest groups both now and in the future.

This requires that stocks be maintained at a sustainable level and, where necessary, rebuilt to ensure maximum inter-generational equity. It also requires managing fisheries so as to minimise the impact of fishing on biological diversity and ecosystem habitat. As part of this process, research into environmentally friendly fishing methods and bycatch minimisation is seen as a priority.

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) requires an assessment to be carried out for all Commonwealth managed fisheries.

Page last updated 3 December, 2009