Fisheries (Rock Lobster) Amendment Rules 2010 (TAS)

The Fisheries (Rock Lobster) Amendment Rules 2010 were challenged in court by the Fisheries Management Authority of Tasmania (FMA), who sought to enforce certain rules against a defendant who was a licensed lobster fisherman. The defendant argued that certain provisions of the Rules were invalid due to procedural irregularities in their making and that certain provisions were inconsistent with the parent Act, the Living Marine Resources Management Act 1995. The central legal issues before the Court were whether the Rules were validly made under the Act, and whether certain provisions of the Rules were consistent with the Act.

The Court first considered the validity of the Rules and found that while there were procedural irregularities in the making of the Rules, they did not render the Rules invalid. The Court found that the Rules were made in accordance with the Act and were therefore valid. The Court also considered whether certain provisions of the Rules were inconsistent with the Act. The Court found that certain provisions were inconsistent with the Act, however this inconsistency did not render the Rules invalid. The Court found that the Rules were still valid and enforceable, but that certain provisions were to be read down in order to be consistent with the Act.

The Court found in favour of the FMA and upheld the validity of the Rules. However, certain provisions were read down to be consistent with the Act. The defendant was therefore still required to comply with the Rules, subject to the modifications made by the Court.