Skip to main content
Home
  Email Link  

Report Details


Committee Name:

Delegated Legislation Joint Committee (1987 - 2001)

House:

Joint
Report Type:Report

Title:

Fish Resources Management Amendment Regulations 1999
Report No:40
No of Pages:36
Physical Location:Legislative Council Committee Office

Presentation Date:

06/15/1999


Click here to view the report


Hide details for Executive SummaryExecutive Summary

1.
        The Committee is of the view that the Fish Resources Management Amendment Regulations 1999 as gazetted are within power and has resolved not to recommend disallowance after considering:
(a)
        a submission from Hon Kim Chance MLC dated 6 May 1999;
(b)
        a facsimile from Mr A J O O’Connor, Registrar, Legal and Licensing Division, Fisheries Western Australia by facsimile dated 11 May 1999; and
(c)
        a facsimile from Ms Karen Levinge, Legal Council for the West/Central Area, Civil Aviation Safety Authority dated 21 May 1999.
2.
        However, the Committee has identified two issues of importance after reviewing the forms purporting to be part of the Fish Resources Management Amendment Regulations 1999 and obtaining advice from the Civil Aviation Safety Authority. These issues are:
(a)
        that the forms "Application for Ministerial Authority to Enter the Abrolhos Islands Reserve by Means of an Aircraft or to use an Aircraft in a Reserve" and "Application for Ministerial Authority to Enter the Abrolhos Islands Reserve by Means of an Aircraft or to use an Aircraft in a Reserve -Further Information - Commercial Operations" ("Further Information Form") do not form a valid part of the Amendment Regulations; and
(b)
        that the "minimum standards" contained in the Further Information Form are inconsistent with Commonwealth Regulations governing aircraft and to that extent are invalid pursuant to section 109 of the Commonwealth Constitution.