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Victoria's Fisheries Consultative Arrangements
Commitment to Consultation
Matters requiring consultation of fisheries stakeholders
New consultative framework
The FCB’s role will include
Expressions of Interest for FCB membership (Closed on 23 October 2009)
Transitional arrangements
Current Consultation
Recent Consultation
Fisheries Consultation Plan template
Contact us
Commitment to Consultation
The Victorian Government is committed to effectively engaging stakeholders and seeking stakeholder views when making decisions about the use and conservation of Victoria's fisheries resources.
The Department of Primary Industries (DPI) has completed a review of the Victorian fisheries consultative arrangements, including an examination of the statutory framework. The review has resulted in improvements to Victoria's consultative processes in relation to fisheries resources; the new framework is more effective and efficient for fisheries stakeholder engagement, and will meet the high expectations of Government and fisheries stakeholders.
The Government's commitment to principles of good consultation is now incorporated in the amended Fisheries Act 1995. Part 1 Section 3A of the Act sets the principles for consultation (effective 1 July 2009):
To the extent that it is practicable, the following consultation principles apply to decisions made by the Minister or DPI Secretary (or delegate) under the Fisheries Act 1995, which affect the use and conservation of Victoria's fisheries resources:
- the purpose of consultation and any consultation process should be clear, open, timely and transparent;
- the level of consultation should reflect the likely impact of decisions on persons and fisheries resources;
- the consultation process should be adequately resourced;
- the consultation process should be flexible and designed to take into account the number and type of persons to be consulted and their ability to contribute to the process; and
- the consultation process should involve consideration of representative advice which represents the views and values of the persons represented.
Matters requiring consultation of fisheries stakeholders
Matters that have previously required consultation in accordance with the Fisheries Act 1995 will continue to require consultation. These matters are now consolidated in the Act and are continued in Section 3A (2). This Section indicates that consultation is to occur in relation to a decision:
- by the Minister to declare or amend a management plan;
- by the Secretary to vary a class of fishery licence;
- by the Secretary to vary or revoke a condition imposed by the Secretary, or to impose a new condition, on a class of fishery licence;
- by the Minister to give, revoke or amend a direction on matters relating to the management of fisheries or zones in a fishery;
- by the Minister to make, revoke or amend a quota order;
- by the Minister to make, revoke or amend an order declaring sub-zones in a quota fishery;
- by the Minister to appoint a person as a member of the Commercial Fisheries Licensing Panel;
- by the Minister to nominate a person to be appointed as a member of the Licensing Appeals Tribunal;
- relating to the making and content of regulations in respect of royalties and levies;
- by the Minister relating to priorities for the disbursement of funds that may be paid out of the Recreational Fishing Licence Trust Account; and
- by the Minister to make a Fisheries Notice.
Ongoing non-statutory engagement of fisheries stakeholders will be continued by DPI to ensure discussion occurs on matters of concern that fall outside those specified in legislation.
The new arrangements will centre on ensuring that all stakeholders have the opportunity to provide input into considerations by Government about fisheries resources. These arrangements will be supported through the provision of scientific and other expert advice to inform fisheries management decisions.
New consultative framework
One of the key features of the new framework is the formation of a new body to provide advice on the design and implementation of purpose-specific and cost effective engagement processes on matters requiring consultation under the Fisheries Act 1995. This body, called the "Fisheries Consultative Body" (FCB), will include persons who have skills, expertise and knowledge regarding:
- Commercial wild-catch fishing.
- Recreational fishing.
- Aquaculture.
- Aboriginal fishing.
- Conservation interests.
Fisheries Victoria will chair the body’s meetings, as well as provide administrative support.
The FCB’s role will include:
- Identifying the need for expert advice to inform stakeholder consideration of a matter or other information gaps that exist in relation to the provision of representative advice;
- Providing advice as requested by the Decision Makers (i.e. the Minister and Secretary DPI) about consultation and engagement processes;
- Providing advice on ‘consultation plans’ prepared by DPI/Fisheries Victoria; and
- Reviewing the implementation of the new consultative processes with respect to effectiveness, efficiency, equity and timeliness.
- DPI will conduct an open Expression of Interest process to seek nominations for membership of the FCB. It is anticipated that the FCB will be operational as soon as membership is finalised in the second half of 2009.
Expressions of Interest for FCB membership
An Expression of Interest process to seek nominations for membership of the FCB has been completed. It is anticipated that the FCB will become operational in November 2009.
A copy of the FCB's draft Terms of Reference (PDF 174KB) is available.
You will need Adobe Acrobat Reader to view this document. A free copy can be downloaded from Adobe Acrobat (external link).
Transitional arrangements
Pending the establishment of the FCB, DPI/Fisheries Victoria will develop consultation plans (via a pro-forma) for matters that require statutory engagement with fisheries stakeholders, which outline how stakeholders will be consulted and proceed to consult and engage them in line with the new arrangements. In many cases, this will primarily involve consultation with known individuals or groups with an interest in a specific matter.
DPI/Fisheries Victoria will also transparently report on the consultation activities undertaken, to inform all interested stakeholders of the results.
DPI/Fisheries Victoria will maintain a dedicated webpage to report to stakeholders on the implementation and delivery of consultation plans (focussing on statutory consultation under the Fisheries Act 1995). The webpage will also provide access to any submissions received from fisheries stakeholders on matters on which consultation occurred.
Further details about the establishment of FCB will be communicated to our stakeholders as they become available.
We anticipate that further improvements will be made to our consultation processes over time, based on practical experience. To get started in 2009/10, Fisheries Victoria will engage an independent facilitator with relevant skills to help coach FCB members in the development of good consultation practices and processes.
Current Consultation
You will need Adobe Acrobat Reader to view the documents below. A free copy can be downloaded from Adobe Acrobat (external link).
Recent Consultation
All completed consultation plans, written submissions and Fisheries Victoria’s response and decisions will be shown on this page for three calendar months.
Fisheries Consultation Plan template
A Fisheries Consultation Plan template (PDF 2.1MB) has been prepared for use by Fisheries Victoria for consultation on statutory or non-statutory matters as applicable.
Contact us
Please direct any enquiries about Victoria's Fisheries Consultative Arrangements to the Department of Primary Industries (DPI) Customer Service Centre on 136 186.
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