Examples of FM Act in a sentence
Section 95(5) of the FM Act lists the maximum penalty to be applied in the event of an offence.
In particular, subject to certain exceptions, the relevant offences in the FM Act prohibit any harm to any fish, or damage to the habitat, of a threatened population or threatened ecological community (sections 220ZA and 220ZD of the FM Act).
Penalties include fines (under Section 95(5) of the FM Act), suspension or cancellation of concessions (under Section 98(3) of the FM Act), an order directing a person not to be on a boat for a specified time (under Section 98(1) of the FM Act) and forfeiture of the boat, equipment, catch and/or proceeds of catch (under Section 106 of the FM Act).
Foreign fishing boats wishing to enter an Australian port must have a port permit issued by AFMA however landing of fish and fish products is prohibited unless written approval is given by the Australian Government Minister for Agriculture (under Section 103 of the FM Act).
Most of the obligations under the Convention can be implemented administratively or under existing Commonwealth legislation, in particular the Fisheries Management Act 1991 (FM Act).
Breaching a condition of a concession is an offence under Section 95 of the FM Act.
The FM Act 1997 is not an appropriate place for biodiversity protection mechanisms as it is essentially resource-use legislation that facilitates commercial use of fish species, including those that are threatened.
Section 1.7 of the EP&A Act provides that the Act is subject to the provisions of Part 7 of the Biodiversity Conservation Act 2016 (BC Act) and Part 7A of the Fisheries Management Act 1994 (FM Act).
Note: It will not be sufficient for SFNSW to ensure that the adverse impacts of forestry operations are minimised under this clause where: • a population or ecological community has been inserted in Schedule 4 or 5 to the Fisheries Management Act 1994 (“FM Act”); and• the relevant harm to, or damage to the habitat of, the population or ecological community, has not been authorised by the terms of the licence under the FM Act, or any other licence under that Act.
Second, there is currently a separate process for the listing of marine species under the Fisheries Management Act 1997 (FM Act).