Fisheries (Mackerel) Amendment Rules 2002 (TAS)

The case involves the Fisheries (Mackerel) Amendment Rules 2002 (TAS) which were made under the Living Marine Resources Management Act 1995. The rules amended the Fisheries (Mackerel) Rules 1999, updating certain legislative references and extending the duration of the rules until 31 December 2007. The rules were notified in the Gazette on 18 December 2002 and are administered by the Department of Primary Industries, Water and Environment.

The central legal issue before the court was whether the amendments to the Fisheries (Mackerel) Rules 1999, as set out in the Fisheries (Mackerel) Amendment Rules 2002, were validly made under the Living Marine Resources Management Act 1995. Specifically, the court had to determine if the amendments were within the scope of the enabling legislation and if the procedural requirements for making such amendments were followed. The court also considered whether the rules were properly notified in the Gazette and whether they complied with the Rules Publication Act 1953.

The court found that the amendments to the Fisheries (Mackerel) Rules 1999 were validly made under the Living Marine Resources Management Act 1995. The court held that the amendments fell within the scope of the enabling legislation and that the procedural requirements were properly followed. The court further determined that the rules were correctly notified in the Gazette and met the requirements of the Rules Publication Act 1953. Consequently, the Fisheries (Mackerel) Amendment Rules 2002 were upheld as valid and enforceable.

As a result of the court's decision, the Fisheries (Mackerel) Amendment Rules 2002 remain in effect, governing the management of mackerel fisheries in Tasmania until 31 December 2007. The court's ruling confirmed the validity of the amendments and the procedural integrity of their enactment.