Australian Fisheries Management Authority v Graham [2003] FCA 231

FEDERAL COURT OF AUSTRALIA

Australian Fisheries Management Authority v Graham [2003] FCA 231 ADMINISTRATIVE LAW – appeal from decision of Administrative Appeals Tribunal – fisheries and fishing rights – implementation of a change to a fishery management plan by the applicant governing the Southern Shark Fishery – introduction of individually transferable quotas and a total allowable catch to fishery formerly regulated by limits on numbers of fishermen and the numbers and types of lines used – use of a formula for allocation of quota – where formula based solely on catch history over a three year period – appeal to Tribunal based on failure of the formula applied by original decision-maker to take into account a relevant consideration– whether permits issued under previous management plan had a value not measurable by reference to catch history alone – whether such permits were transferable and whether there was a market for them – whether the Tribunal's finding of transferability of permits was wrong in law given the conditions attaching to permits and the existence of financial and regulatory penalties for their breach, or given the objects, structure and regulatory purpose of the Act – policy objective of maintaining relative economic position of fishermen.

Fisheries Management Act 1991 ss 3(1), 32, 95 Administrative Appeals Tribunal Act 1975 s 44(1) P W Adams Pty Ltd v Australian Fisheries Management Authority (1998) 49 ALD 68 Re Aston and Secretary, Department of Primary Industry (1985) 8 ALD 366 Re Drake and Minister for Immigration and Ethnic Affairs (1979) 2 ALD 634

AUSTRALIAN FISHERIES MANAGEMENT AUTHORITY

-v- RODGER GRAHAM

V 744 of 2002

and

AUSTRALIAN FISHERIES MANAGEMENT AUTHORITY

-v- HORST FISCHER

V 745 of 2002

RYAN J

24 MARCH 2003

MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA