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Fisheries and Aquaculture - Statement of Expectation

21 Nov 2011

Mr Jeff Rosewarne
Secretary
Department of Primary Industries
GPO Box 4440
MELBOURNE VIC 3001

Dear Jeff,

MINISTERIAL STATEMENT OF EXPECTATIONS FOR THE REGULATION OF FISHERIES AND AQUACULTURE SECTORS UNDER VICTORIAN LEGISLATION

I am pleased to provide you with my Statement of Expectations for the regulation of fisheries and aquaculture under Victorian legislation. This Statement applies to all persons employed by the Department of Primary Industries (DPI) with responsibilities for regulating fisheries and aquaculture, including those who carry out powers and functions under enabling legislation, related government policies and the exercise of Ministerial powers and functions under an instrument of authorisation or delegation. This Statement applies from the date of receipt until the end of this Parliamentary term, or until otherwise amended.

As Minister for Agriculture and Food Security, I have portfolio responsibilities for the Fisheries Act 1995. This Statement should be read in the context of the objectives, obligations and functions outlined in this legislation as amended.

This Statement is important to the discharge of my Ministerial portfolio responsibilities and statutory powers. It sets out my priorities for DPI drawing on relevant principles from Victoria’s Improving Governance of Regulators: Principles and Guidelines.

Government policy and objectives

This Government supports a competitive, sustainable and productive fisheries and aquaculture sector and effective regulation is vital to this outcome.

I note that DPI is developing a contemporary fisheries strategy that seeks to achieve optimal value from the use of wild fisheries and create a competitive business environment.

I expect that you will work to reduce regulatory burden, enable greater transparency and accountability, and achieve better engagement with stakeholders.

I expect that you will place a strong emphasis on the delivery of preventative compliance, including proactive education, to inform fishers about their responsibilities. This approach should be reinforced with effective enforcement that is commensurate with the risk to the fisheries resources and the rights of other fishers.

Regulatory independence

Role clarity is critical to the execution of my authority. The independence of regulatory decision making maintains confidence in the objectivity of decisions, recognising that these decisions take place in the context of limits, constraints and objectives determined by the Government. To this end I expect you to be impartial in: the setting of total allowable catch; the issuing of fisheries notices and undertaking other regulatory decisions. I expect you to establish and maintain arrangements to ensure this independence.

Stakeholder relationships and engagement

I recognise the importance of maintaining effective working relationships with commercial fishers, recreational fishers, Aboriginal communities, the Commonwealth and interstate fisheries regulators, environmental groups, community interests and other relevant stakeholders. Regulatory decision making needs to take into account the diverse interests of these stakeholders. I particularly expect DPI to engage with fishers who have a direct interest in statutory decisions that affect their fishing entitlements.

With respect to other State and Commonwealth jurisdictions, I expect that DPI will continue to play a leading role in working with other jurisdictions to manage straddling fish stocks while reducing regulatory duplication.

As Minister, I recognise the mutual obligation we have in the exchange of information. To this end, I expect you and your senior staff to keep me informed about emerging key issues impacting the sustainability of the fisheries resource and the rights of the fisheries sector. I will endeavour to keep you informed of matters pertinent to discharging the regulatory responsibilities for fisheries.

Transparency and accountability

Measuring, tracking and publicly reporting performance is integral to accountability and transparency. I recognise that DPI has established a strategic planning and reporting process that includes defined performance indicators for the Department and for the sectors for which it has portfolio responsibility. It is important that work continues to enhance the indicators related to the functional performance and the impact of the regulator. Consistent with the performance framework that is being rolled out across the Victorian Public Sector, I expect that you will measure and report on regulatory outputs and outcomes, with particular attention to this Statement of Expectations. I expect that this Statement will be incorporated into your ongoing planning processes and that reporting against this Statement will be published in DPIs’ annual report.

I look forward to receiving your response to this Statement of Expectations. I understand that your response will be published alongside a copy of this Statement on DPI’s website.

Yours sincerely

Peter Walsh MLA
Minister for Agriculture and Food Security