❓ Question regarding exemptions issued under the Fish Resources Management Act 1994, specifically concerning donations of Western Rock Lobster to Mission Australia and the process by which these exemptions were granted. The Minister's response clarifies the process and provides details of relevant exemptions.
AnsweredQoN 1919Legislative Council
Asked
12 March 2019
Member
Portfolio
Water; Fisheries; Forestry; Innovation and ICT; Science
QuestionView source ↗
I refer to Legislative Council questions without notice 94 and 110 in relation to exemptions issued pursuant to s.7 of the
Fish Resources Management Act 1994,
and I ask:
(a) did Mission Australia seek the donation of Western Rock Lobster in each of the last two financial years and if so who made the requests and to whom;
(b) if no to (a):
(i) how was the arrangement initiated;
(ii) who approached Mission Australia; and
(iii) who negotiated the donation;
(c) please table the advice that you received from the Department of Primary Industries and Regional Development which confirms the lawfulness of issuing an exemption pursuant to s.7(2)(d) of the
Fish Resources Management Act 1994
for a charitable purpose;
(d) please detail the exemptions issued under s.7 of the
Fish Resources Management Act 1994
for each of the last 5 years, per year, including this year whereby that exemption was for the purpose of a charitable donation;
(e) of the exemptions identified in (d), please provide the:
(i) name of the applicant for exemption;
(ii) purpose of the exemption;
(iii) relevant section of the Fish Resources Management Act 1994 in which an exemption was sort and approved;
(iv) time period relevant to the exemption;
(v) name of the charity in which the donation is intended; and
(vi) quantity and type of fish involved in the exemption;
(f) I refer to your answer to part 5 of Legislative Council question without notice 110 in which you advised that a formal application is not required and I draw the Ministers to s.7(4)(b) and s.7(4)(c) which requires an application must be in a form approved for that purpose by the CEO and must be accompanied by the prescribed fee (if any) and seek clarification on your answer that 'Formal applications were not required....'; and
(g) with respect to the exemption provided to Kailis Bros. in each of the last two years please provide:
(i) the name of the applicant;
(ii) the form in which the application was made;
(iii) the fee which was paid (if any);
(iv) a copy of the application in full in whatever form it was made; and
(v) the terms of the approved exemption?
Fish Resources Management Act 1994,
and I ask:
(a) did Mission Australia seek the donation of Western Rock Lobster in each of the last two financial years and if so who made the requests and to whom;
(b) if no to (a):
(i) how was the arrangement initiated;
(ii) who approached Mission Australia; and
(iii) who negotiated the donation;
(c) please table the advice that you received from the Department of Primary Industries and Regional Development which confirms the lawfulness of issuing an exemption pursuant to s.7(2)(d) of the
Fish Resources Management Act 1994
for a charitable purpose;
(d) please detail the exemptions issued under s.7 of the
Fish Resources Management Act 1994
for each of the last 5 years, per year, including this year whereby that exemption was for the purpose of a charitable donation;
(e) of the exemptions identified in (d), please provide the:
(i) name of the applicant for exemption;
(ii) purpose of the exemption;
(iii) relevant section of the Fish Resources Management Act 1994 in which an exemption was sort and approved;
(iv) time period relevant to the exemption;
(v) name of the charity in which the donation is intended; and
(vi) quantity and type of fish involved in the exemption;
(f) I refer to your answer to part 5 of Legislative Council question without notice 110 in which you advised that a formal application is not required and I draw the Ministers to s.7(4)(b) and s.7(4)(c) which requires an application must be in a form approved for that purpose by the CEO and must be accompanied by the prescribed fee (if any) and seek clarification on your answer that 'Formal applications were not required....'; and
(g) with respect to the exemption provided to Kailis Bros. in each of the last two years please provide:
(i) the name of the applicant;
(ii) the form in which the application was made;
(iii) the fee which was paid (if any);
(iv) a copy of the application in full in whatever form it was made; and
(v) the terms of the approved exemption?
AnswerView source ↗
Answered
10 April 2019
Responded by
Minister for Regional Development representing the Minister for Water; Fisheries; Forestry; Innovation and ICT; Science
Response time
10 days
(a) No.
(b)(i) - (ii)(iii) My Office approached Mission Australia and liaised with industry over the voluntary supply of rock lobster for Mission Australia’s Christmas lunch for the homeless.
(c) The Department of Primary Industries and Regional Development provided verbal advice to my office that the purpose was consistent with S72D.
(d) Over the last 5 years, there has been another two Exemptions [Number 2561 and 2874] for the purpose of a charitable donation. These exemptions are listed in the Department of Primary Industries and Regional Development’s Annual Report.
(e)(i)-(vi) [See tabled paper no.]
(f) As stated in my answer to part (5) of Legislative Council Question Without Notice 110, it was not considered necessary that a formal application was required in relation to these Exemptions. The Department has advised me that under Section 7(4)(a) of the Fish Resources Management Act 1994, an application for an exemption may be made to the Minister, and therefore the granting of an Exemption is not limited to the receipt of an application.
(g)(i) While no application was provided, an Exemption was issued to Kailis Bros who is the holder of the Managed Fishery Licence that caught the lobsters and the company responsible for processing and delivering the lobster to the Mission Australia lunches in 2017 and 2018.
(ii) Not applicable.
(iii) Nil.
(iv) Not applicable.
(v) To allow the holder of WCLL1401 and the master of the fishing boat operating under that licence to fish in excess of entitlement held for the 2017/18 [Exemption number 3041] and 2018/19 season [Exemption number 3223] of the West Coast Rock Lobster Managed Fishery, by 450 kg for the purpose of being provided for the Mission Australia Christmas Lunch on 25 December. All other fishing activities conducted under this Exemption must be done in accordance with West Coast Rock Lobster Managed Fishery Management Plan 2012.
(b)(i) - (ii)(iii) My Office approached Mission Australia and liaised with industry over the voluntary supply of rock lobster for Mission Australia’s Christmas lunch for the homeless.
(c) The Department of Primary Industries and Regional Development provided verbal advice to my office that the purpose was consistent with S72D.
(d) Over the last 5 years, there has been another two Exemptions [Number 2561 and 2874] for the purpose of a charitable donation. These exemptions are listed in the Department of Primary Industries and Regional Development’s Annual Report.
(e)(i)-(vi) [See tabled paper no.]
(f) As stated in my answer to part (5) of Legislative Council Question Without Notice 110, it was not considered necessary that a formal application was required in relation to these Exemptions. The Department has advised me that under Section 7(4)(a) of the Fish Resources Management Act 1994, an application for an exemption may be made to the Minister, and therefore the granting of an Exemption is not limited to the receipt of an application.
(g)(i) While no application was provided, an Exemption was issued to Kailis Bros who is the holder of the Managed Fishery Licence that caught the lobsters and the company responsible for processing and delivering the lobster to the Mission Australia lunches in 2017 and 2018.
(ii) Not applicable.
(iii) Nil.
(iv) Not applicable.
(v) To allow the holder of WCLL1401 and the master of the fishing boat operating under that licence to fish in excess of entitlement held for the 2017/18 [Exemption number 3041] and 2018/19 season [Exemption number 3223] of the West Coast Rock Lobster Managed Fishery, by 450 kg for the purpose of being provided for the Mission Australia Christmas Lunch on 25 December. All other fishing activities conducted under this Exemption must be done in accordance with West Coast Rock Lobster Managed Fishery Management Plan 2012.
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