Frequently Asked Questions
- How do I contact the Statutory Fishing Rights Allocation Review Panel (SFRARP)?
- Can SFRARP review my decision?
- How do I apply to the SFRARP?
- What should be included in my application?
- What will it cost me to lodge an application?
- What happens to my application after I have lodged it with the SFRARP?
- Where can I get a copy of the Fisheries Management Act and related Regulations?
- Can I withdraw my application?
- How will I know of the decision of the SFRARP regarding my application?
- Can I appeal the decision of the SFRARP?
- How is membership of the SFRARP determined?
How do I contact the Statutory Fishing Rights Allocation Review Panel (SFRARP)?
You can contact the Registrar and the Deputy Registrar for SFRARP in Department of Agriculture, Fisheries and Forestry on matters relating to the SFRARP.
See the Contact SFRARP page for contact details.
Can SFRARP review my decision?
The Australian Government established the SFRARP to review decisions by the Australian Fisheries Management Authority (AFMA) or a Joint Authority about the provisional allocation of Statutory Fishing Rights (SFRs) made under a plan of management. SFRARP cannot review decisions to allocate SFRs made after an auction or tender process.
You may apply in writing to the SFRARP for a review of a decision within 14 days after being notified by AFMA or by the Joint Authority of the decision. Download an application form and send it by mail to the Registry.
What should be included in my application?
Your application must include:
- details of the decision you want reviewed
- details of reasons for a review.
What will it cost me to lodge an application?
There are no fees for lodging an application. If you are summoned to appear before the SFRARP as a witness you will be paid in accordance with the regulations.
If you want the SFRARP to hear evidence from a witness who is not a party to the review, you will be required to pay the witness's fees and allowances.
What happens to my application after I have lodged it with the SFRARP?
Once the SFRARP receives your application, the SFRARP will notify AFMA, the Joint Authority, or anyone else affected by the decision (ie. other persons who have been granted the same types of SFRs under the same plan of management) as soon as possible and provide them a copy of your application.
AFMA or the Joint Authority is then required to provide the SFRARP, within 14 days, reasons for the decision and any other documents relevant to the decision or fishery involved.
The SFRARP will notify all parties involved of the time, date and place of any hearing.
The SFRARP will aim to hold hearings at the closest location to the majority of SFR holders in the relevant fishery.
Where can I get a copy of the Fisheries Management Act and related Regulations?
The following legislation is located on the ComLaw website.
ComLaw is the legislative repository developed by the Attorney-General's Department and contains the following:
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The Federal Register of Legislative Instruments (FRLI) which was established on 1 January 2005 under the Legislative Instruments Act 2003 as the authoritative source for legislative instruments and compilations of legislative instruments.
Can I withdraw my application?
Yes, you can withdraw your application at any time by sending or delivering a written notice of withdrawal to the SFRARP, care of the Registry.
How will I know of the decision of the SFRARP regarding my application?
The SFRARP will prepare a written statement setting out its decision and the reasons for it. The SFRARP will provide each party to the proceeding, with a copy of the statement as soon as practicable after the decision is made.
Can I appeal the decision of the SFRARP?
Yes, you can appeal to the Federal Court of Australia on questions of law from the SFRARP's decision within 28 days of being notified of the decision.
How is membership of the SFRARP determined?
Membership of the Statutory Fishing Rights Allocation Review Panel (SFRARP) is determined by the Fisheries Management Act 1991.
Members are appointed by the Minister for Agriculture, Fisheries and Forestry usually on a part-time basis for three consecutive terms not exceeding 12 years total.
The SFRARP currently consists of a Principal Member and five panel members.
If a member has a conflict of interest in relation to a review, the member must disclose the matters giving rise to that conflict, and must not take part in the review unless given consent by all parties.
An SFRARP panel member may resign from SFRARP by giving the Minister a signed notice of resignation.
The Minister may terminate the appointment of an SFRARP member for misbehaviour, physical or mental incapacity, inefficiency or incompetence, or bankruptcy.
Remuneration
Panel Members are paid according to rates determined by the Remuneration Tribunal.
For further information on SFRARP Membership contact the SFRARP Registry.