Have your say on the draft amendments
The Tasmanian Government is committed to providing opportunities for community involvement in the development of Government policy and we are seeking your input on the draft Living Marine Miscellaneous Amendments (Digital Processes) Bill 2020:
Draft Amendments Living Marine Resources Management Act 1995
Further detail on the proposed changes and their effects can be found in the
Frequently Asked Questions (Digital Processes Bill), and in the fact sheet below:
Fact Sheet - LMRMA amendments
The proposed Living Marine Miscellaneous Amendments (Digital Processes) Bill 2020 will amend the
Living Marine Resources Management Act 1995 (the LMRMA) to enable digital fisheries licensing and reporting.
The amendments are an important step in achieving digital transition under the Fisheries Digital Transition Project (FDTP).
Digital transition includes digital fisheries licensing and electronic catch and effort reporting. The amendments will enable digital transition without substantially changing the regulatory regime in the LMRMA and its subordinate legislation, which will be the subject of a broader review of the Act announced in the 2020-2021 budget.
Key changes to the Act
The draft Living Marine Miscellaneous Amendments (Digital Processes) Bill 2020:
- Restructures general provisions relating to licences to enable automated licensing by a two-stage process: Stage 1 where eligibility to hold a fishing licence (including the ‘fit and proper person’ test) is determined by human-based decision making; and Stage 2 where decisions on applications for licences, variations, and transfers are able to be made by a computer program.
- Ensures that existing licence holders and recreational fishers are deemed to be eligible to hold a fishing licence, without having to re-apply.
- Enables the approval of a computer program to be used to make electronic decisions on the grant, renewal, or variation of a licence, and the transfer of a licence, quota, or other entitlement under the licence to another eligible person.
- Empowers the Secretary of the Department to override an electronic decision if the approved computer program was not functioning correctly when it made an electronic decision, including if the computer program made a decision that the Secretary would not have made.
- Provides clearer roles for licensing agents appointed by holders of authorisations and holders of abalone quota under deed.
- Devolves responsibility for approving or granting a broad range of applications from the Minister to the Secretary of the Department, and enables the Secretary of the Department to cancel or suspend a licence in specific circumstances.
- Enables catch and effort reporting via an approved electronic recording system or via current paper-based logbooks.
- Ensures that fisheries officers have suitable and appropriate powers in relation to electronic documents and devices used for the purposes of the Act and management plans.
- Combines the register of demerit points and the register of authorisations into one electronic register and ensures that eligible persons may access their own data in the register.
- Repeals the Geocentric Datum of Australia (GDA) provisions that reference the outdated GDA94.
- Provides for electronic service and provision of documents, electronic signatures, and consequential amendments to the
Fishing (Licence Ownership and Interest) Registration Act 2001 to allow for electronic records of original entry.
How to make a submission
Written submissions on the draft amendments must be received by 18 December 2020.
Submissions can be made using the online form or by sending a completed submission form by email.
Other than indicated below, submissions will be treated as public information. No personal information other than an individual’s name or the organisation making a submission will be published.
Accessibility of submissions
The Government recognises that not all individuals or groups are equally placed to access and understand information. We are therefore committed to ensuring Government information is accessible and easily understood by people with diverse communication needs.
Where possible, please consider typing your submission in plain English and providing it in a format such as Microsoft Word or equivalent, or use the forms provided above.
The Government cannot take responsibility for the accessibility of documents provided by third parties.
Important information to note
Your name (or the name of the organisation) will be published unless you request otherwise.
In the absence of a clear indication that a submission is intended to be treated as confidential (or parts of the submission), the Department will treat the submission as public.
If you would like your submission to be treated as confidential, whether in whole or in part, please indicate this in writing at the time of making your submission, clearly identifying the parts of your submission you want to remain confidential and the reasons why. In this case, your submission will not be published to the extent of that request.
Copyright in submissions remains with the author(s) and not with the Tasmanian Government.
The Department will not publish, in whole or in part, submissions containing defamatory or offensive material. If your submission includes information that could enable the identification of other individuals then either all or parts of the submission will not be published.
The Right to Information Act 2009 and confidentiality
Information provided to the Government may be provided to an applicant under the provisions of the
Right to Information Act 2009 (RTI). If you have indicated that you wish all or part of your submission to be treated as confidential, your statement detailing the reasons may be taken into account in determining whether or not to release the information in the event of an RTI application for assessed disclosure. You may also be contacted to provide any further comment.
For further information, please contact: