FISHERIES AMENDMENT ACT 1978
No. 99 of 1978
An Act to amend the Fisheries Act 1952.
BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:
Short title, &c.
1. (1) This Act may be cited as the Fisheries Amendment Act 1978.
(2) The Fisheries Act 1952 is in this Act referred to as the Principal Act.
Commencement
2. (1) Section 1, this section and section 25 shall come into operation on the day on which this Act receives the Royal Assent.
(2) The remaining provisions of this Act shall come into operation on a date to be fixed by Proclamation.
Interpretation
3. Section 4 of the Principal Act is amended—
(a) by inserting after the definition of “Australian boat” the following definition:
“‘Australian fishing zone ’ means—
(a) the waters adjacent to Australia and having as their inner limits the baselines by reference to which the territorial limits of Australia are defined for the purposes of international law and as their outer limits lines seaward from those inner limits every point on each of which is distant 200 international nautical miles from the point on one of those baselines that is nearest to the first-mentioned point; and
(b) the waters adjacent to each external Territory and having as their inner limits the baselines by reference to which the territorial limits of that Territory are defined for the purposes of international law and as their outer limits lines seaward from those inner limits every point on each of which is distant 200 international nautical miles from the point on one of those baselines that is nearest to the first-mentioned point,
but does not include—
(c) waters that are not proclaimed waters;
(d) waters that are excepted waters; or
(e) waters that are described in an agreement in force between Australia and another country as waters that are not to be taken, for the purposes of this Act, to be within the Australian fishing zone;
(b) by inserting after the definition of “Department” the following definition:
“‘excepted waters’ means proclaimed waters specified by Proclamation in force under section 7a;”;
(c) by inserting after the definition of “foreign boat” the following definition:
“‘master’, in relation to a boat, means the master or other person in charge of the boat;”;
(d) by omitting “Australia” (wherever occurring) from the definition of “officer” and substituting “the Commonwealth”;
(e) by omitting “to the Department” (wherever occurring) from the definition of “officer”; and
(f) by omitting the definition of “the declared fishing zone”.
Application
4. Section 5 of the Principal Act is amended by omitting from sub-section (2) “declared” and substituting “Australian”.
Operation of certain State and Territory laws
5. Section 5a of the Principal Act is amended by omitting “Australia” and substituting “the Commonwealth”.
6. Before section 6 of the Principal Act the following section is inserted in Part II:
Objectives to be pursued
“5b. In the administration…
Overview
The Fisheries Amendment Act 1978 was enacted to amend the Fisheries Act 1952, addressing the need for updated regulations to manage fisheries within Australia's fishing zones, including the newly defined Australian fishing zone. Enacted by the Queen, the Senate, and the House of Representatives of the Commonwealth of Australia, the Act aims to ensure the sustainable management of marine resources by preventing over-exploitation and promoting optimal utilization within the Australian fishing zone. The policy objective includes the proper conservation and management of living marine resources and the achievement of their optimum utilization. This legislation introduces significant amendments to definitions, licensing conditions, penalties, and enforcement powers, among other provisions, to adapt to the evolving needs of marine resource management and international agreements.
Scope and Application
The Fisheries Amendment Act 1978 amends the Fisheries Act 1952 to adjust the legislative framework governing the management and regulation of fishing activities within Australia’s fishing zones. This Act applies to any person, boat, or entity engaged in fishing activities, whether domestic or foreign, within the Australian fishing zone. The Australian fishing zone includes waters adjacent to Australia and its external territories up to 200 nautical miles from their baselines, excluding certain excepted waters specified by proclamation. The Act extends to Commonwealth waters, as well as waters adjacent to Australian territories. Notably, it excludes waters not designated as proclaimed waters, excepted waters as defined by proclamation, and waters specified in agreements between Australia and other countries as outside the Australian fishing zone for the purposes of this Act. Certain provisions of the Act may be further defined or extended through subordinate legislation. The Act outlines objectives for the sustainable conservation and management of marine resources and includes provisions for licensing, penalties, and enforcement mechanisms to ensure compliance with fishing regulations.
Key Provisions
- The Fisheries Amendment Act 1978 amends the Fisheries Act 1952 by introducing several significant changes. Firstly, it updates terminology to align with the contemporary understanding of Australia's maritime boundaries. For instance, it redefines the "Australian fishing zone" (Section 3(a)) as the waters extending 200 nautical miles from the baselines around Australia and its external territories, excluding certain proclaimed, excepted, or agreed-upon waters (Section 3(a)-(e)). The Act also modifies the objectives of the Fisheries Act to focus on conservation and optimal utilization of marine resources within this zone (Section 5b). Licences for fishing boats, both Australian and foreign, are subject to specific conditions regarding the type and quantity of fish that can be taken, as well as the methods and equipment that can be used (Section 9(3a) and (5a)).
- The Act imposes obligations on various parties to ensure compliance with fishing regulations. Officers are granted extensive powers to enter and inspect boats, land, and premises to enforce the Act (Section 10). The Minister or Secretary can endorse or extend fishing licences for foreign boats and may release seized property under certain conditions (Sections 9(3a), 10a). Additionally, the Act specifies that the Governor-General can declare any proclaimed waters as excepted waters (Section 7a).
- Violating the provisions of this Act can result in severe penalties. Offences range from using an Australian boat for carrying fish taken with that boat to using a foreign boat for fishing within the Australian fishing zone without proper authorization (Sections 13, 13aa-13bb). Penalties for these offences vary depending on whether the offender is the master of the boat and whether the boat is foreign or Australian. For instance, the master of a foreign boat using it for unauthorized fishing can face fines up to $250,000 on conviction on indictment, while other offenders may face fines up to $10,000 (Sections 13(2a), 13b(5)). Additionally, certain property used in the commission of these offences can be subject to forfeiture (Section 13c). The Act also outlines the procedures for the trial of these offences, allowing for either summary or indictment proceedings (Section 15).
- Area of Law
- Environmental Law
- International Trade Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Regulatory Standards
- Reporting & Disclosure Obligations
- Offence Provisions
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- Enforcement Powers