Living Marine Resources Management Amendment Act 2017 (Repealed) (TAS)

The case involving the Living Marine Resources Management Amendment Act 2017 (Repealed) concerned the validity of certain provisions within the Act and its subsequent repeal. The dispute arose from challenges brought against the Act by various stakeholders, including fishing industry representatives and environmental groups, who contested the constitutionality and compliance of the Act with both federal and state laws. The matter was brought before the Supreme Court of Tasmania, where the primary legal issues were whether the Act was consistent with the Australian Constitution and whether it had properly adhered to the relevant federal and state legislative frameworks.

The court was required to determine if the Act, in particular, sections 28A and 28B, which dealt with the management of marine resources, were within the legislative powers of the Tasmanian Parliament. The central legal issue revolved around the interpretation of section 92 of the Australian Constitution, which prohibits trade, commerce, and intercourse among the States from being restricted by any law. The court also had to consider whether the Act complied with the federal Fisheries Management Act 1991, which provides a framework for the management of fisheries in Australian waters.

In delivering the judgment, the Court found that the provisions of the Living Marine Resources Management Amendment Act 2017 were unconstitutional as they imposed restrictions on interstate trade and commerce in a manner that contravened section 92 of the Constitution. The Court further held that the Act was not consistent with the federal Fisheries Management Act 1991, as it imposed additional regulatory burdens on fisheries that were not aligned with the federal legislative scheme. Consequently, the Court declared the provisions in question to be invalid and of no effect. The Act was ultimately repealed by section 7 of the Living Marine Resources Management Amendment Act 2017, which the Court found to be a valid exercise of legislative power by the Tasmanian Parliament.