Fisheries (Rock Lobster) Amendment Rules 2015 (TAS)

The Fisheries (Rock Lobster) Amendment Rules 2015, made under the Living Marine Resources Management Act 1995, were challenged in the Supreme Court of Tasmania by a group of fishermen. The fishermen argued that the rules, which reduced the daily bag limit and possession limits for rock lobster in the eastern region, were invalid as they were made without proper consideration of the impact on the non-commercial fishing industry. The fishermen claimed that the rules had significantly reduced their ability to earn a livelihood and that the Minister for Primary Industries and Water had failed to follow the correct process in making the rules.

The court was required to determine whether the Minister had the authority to make the rules and whether the rules were made in accordance with the relevant legislation. The court also had to consider whether the Minister had failed to take into account relevant considerations, such as the impact on the non-commercial fishing industry, when making the rules.

The court found that the Minister had the authority to make the rules under the Living Marine Resources Management Act 1995. The court also found that the rules were made in accordance with the relevant legislation and that the Minister had not failed to take into account relevant considerations when making the rules. The court held that the Minister had properly considered the impact on the non-commercial fishing industry and that the rules were reasonably necessary to protect the rock lobster population. The court dismissed the challenge to the rules.

The court found in favour of the Minister for Primary Industries and Water and dismissed the challenge to the Fisheries (Rock Lobster) Amendment Rules 2015. The rules remain in force and continue to regulate the non-commercial fishing of rock lobster in Tasmania.