Torres Strait Fisheries Amendment Regulations 1999 (No. 1) (Cth)

Torres Strait Fisheries Amendment Regulations 1999 (No. 1)

Statutory Rules 1999No. 51

I, WILLIAM PATRICK DEANE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations under theTorres Strait Fisheries Act 1984.

Dated 31 March 1999.

WILLIAM DEANE

Governor-General

By His Excellency’s Command,

MARK VAILE

Minister for Agriculture, Fisheries and Forestry

Torres Strait Fisheries Amendment Regulations 1999 (No. 1)1

Statutory Rules 1999No. 512

made under the

Torres Strait Fisheries Act 1984

   

Contents

Page

1. •
2. •

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1Name of regulations

 These regulations are the Torres Strait Fisheries Amendment Regulations 1999 (No. 1).

2Commencement

 These regulations commence on gazettal.

3Amendment of Torres Strait Fisheries Regulations

Schedule 1 amends the Torres Strait Fisheries Regulations.

Schedule 1Amendments

 (regulation 3)

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[1]Regulation 1

substitute

1Name of regulations

 These regulations are the Torres Strait Fisheries Regulations 1985.

[2]Regulation 2

omit

 In these Regulations

insert

1. (1)

   In these regulations

[3]Regulation 2

insert

1 year licence means a licence the specified expiry date of which is in the period of 12 months beginning on the day on which the licence comes into force.

5 year licence means a licence other than a 1 year licence.

[4]Regulation 2

insert

 (2)The origin of geographical coordinates used in these regulations is the Australian Geodetic Datum 1966 (AGD66).

[5]After regulation 4

insert

4A Terms of licences

 For subsections 23 (1) and (2) of the Act, the period of 5 years is specified for:

1. (a)

   each licence granted under subsection 19 (1) of the Act; and

2. (b)

   each licence for an Australian boat, granted under subsection 19 (2) of the Act.

[6]Subregulation 6 (2)

substitute

1. (2)

   For Schedule 1, the overall length of a boat is the distance between a vertical line passing through the front point of the hull and a vertical line passing through the rear point of the hull measured in a horizontal plane, and includes the length of any appendage that effectively increases the length of the hull, but excludes the length of any anchor rail, bowsprit or similar appendage.

[7]Subregulation 14 (1)

omit

 in Column 2 of that Schedule,

[8]Subregulation 14 (1)

omit

 in Column 3 of that Schedule

[9]Schedule 1

substitute

Schedule 1Licence fees

 (regulation 6)

Item	Matter	Fee ($)
1	Grant or renewal of a 1 year licence under subsection 19 (1) of the Act	50
2	Grant or renewal of a 5 year licence under subsection 19 (1) of the Act	100
3	Grant or renewal of a licence under subsection 19 (2) of the Act	100
4	An entry under subsection 36 (4) of the Act in a 1 year licence granted under subsection 19 (2) of the Act:
(a) for an Australian boat that is less than 6 metres in overall length	10
(b) for an Australian boat that is at least 6 but less than 10 metres in overall length	20
(c) for an Australian boat that is at least 10 but less than 15 metres in overall length	40
(d) for an Australian boat that is at least 15 metres in overall length	80
(e) for a foreign boat, for each metre in overall length of the boat	35
5	An entry under subsection 36 (4) of the Act in a 5 year licence granted under subsection 19 (2) of the Act:
(a) for an Australian boat that is less than 6 metres in overall length	50
(b) for an Australian boat that is at least 6 but less than 10 metres in overall length	100
(c) for an Australian boat that is at least 10 but less than 15 metres in overall length	200
(d) for an Australian boat that is at least 15 metres in overall length	400
6	Grant or renewal of a licence under subsection 19 (3) of the Act (other than the grant or renewal of a licence to which item 7 applies):
(a) for an Australian boat authorising the use of the boat for carrying fish taken with the use of another boat	80
(b) for an Australian boat authorising the use of the boat for processing and carrying fish taken with the use of another boat	100
(c) for a foreign boat authorising the use of the boat for carrying fish taken with the use of another boat	80 plus 35 for each metre in overall length of the boat
(d) for a foreign boat authorising the use of the boat for processing and carrying fish taken with the use of another boat	100 plus 35 for each metre in overall length of the boat
7	Grant or renewal of a licence under subsection 19 (3) of the Act for an Australian boat authorising the use of the boat for carrying, or for processing and carrying, fish taken with the use of another boat:	20
(a) where that licence is granted or renewed at the same time as a licence mentioned in item 3 is granted or renewed for the first boat; or
(b) where a licence mentioned in item 3 is in force for the first boat
8	Transfer under section 25 of the Act of a licence granted under subsection 19 (2) or (3) of the Act	10

[10]Schedule 2

substitute

Schedule 2Short methods of reference to certain areas of Australian jurisdiction

 (regulation 14)

Item

Area of Australian jurisdiction and short method of reference

1

The area of the beche-de-mer fishery is the area consisting of:

1. (a)

   the area of waters in the Protected Zone to the south of the Seabed Jurisdiction Line; and

2. (b)

   the area of waters (excluding any waters within the limits of Queensland) bounded by a line beginning at the point of latitude 10° 48' 00" south, longitude 141° 20' 00" east and running progressively:

·

north along the meridian of longitude

141° 20' 00" east to its intersection with the parallel of latitude 10° 28' 00" south;

·

east along that parallel to its intersection with the meridian of longitude 144° 00' 00" east;

·

south along that meridian to its intersection with the parallel of latitude 10° 41' 00" south;

·

west along that parallel to its intersection with the meridian of longitude 142° 31' 49" east;

·

south along that meridian to its northernmost intersection with the coastline of Cape York Peninsula at low water;

·

generally south-westerly along the western coastline of Cape York Peninsula, that is along the low water line on that coast and across any river mouth, to its intersection with the parallel of latitude 10° 48' 00" south;

·

west along that parallel to the point where the line began; and

(c)

the territorial sea of Australia north of the Seabed Jurisdiction Line.

2

The area of the crab fishery is the area consisting of:

1. (a)

   the area of waters in the Protected Zone to the south of the Fisheries Jurisdiction Line; and

(b)

the area of waters (excluding any waters within the limits of Queensland) bounded by a line beginning at the point of latitude 10° 48' 00" south, longitude 141° 20' 00" east and running progressively:

1. ·

   north along the meridian of longitude

   141° 20' 00" east to its intersection with the parallel of latitude 10° 28' 00" south;

1. ·

   east along that parallel to its intersection with the meridian of longitude 144° 00' 00" east;

1. ·

   south along that meridian to its intersection with the parallel of latitude 10° 41' 00" south;

1. ·

   west along that parallel to its intersection with the meridian of longitude 142° 31' 49" east;

1. ·

   south along that meridian to its northernmost intersection with the coastline of Cape York Peninsula at low water;

1. ·

   generally south-westerly along the western coastline of Cape York Peninsula, that is along the low water line on that coast and across any river mouth, to its intersection with the parallel of latitude 10° 48' 00" south;

1. ·

   west along that parallel to the point where the line began; and

(c)

the territorial sea of Australia north of the Fisheries Jurisdiction Line.

3

The area of the dugong fishery is the area consisting of:

1. (a)

   the area of waters in the Protected Zone to the south of the Fisheries Jurisdiction Line; and

(b)

the area of waters (excluding any waters within the limits of Queensland) bounded by a line beginning at the point of latitude 11° 10' 00" south, longitude 141° 01' 00" east and running progressively:

1. ·

   north along the meridian of longitude

   141° 01' 00" east to its intersection with the Fisheries Jurisdiction Line;

2. ·

   north-easterly along that line to its intersection with the meridian of longitude 141° 20' 00" east;

3. ·

   south along that meridian to its intersection with the parallel of latitude 10° 28' 00" south;

4. ·

   east along that parallel to its intersection with the meridian of longitude 144° 00' 00" east;

5. ·

   south along that meridian to its intersection with the parallel of latitude 10° 41' 17" south;

6. ·

   west along that parallel to its intersection with the meridian of longitude 142° 31' 49" east;

7. ·

   south along that meridian to its northernmost intersection with the coastline of Cape York Peninsula at low water;

1. ·

   generally south-westerly along the western coastline of Cape York Peninsula, that is along the low water line on that coast and across any river mouth, to its intersection with the parallel of latitude 11° 10' 00" south;

1. ·

   west along that parallel to the point where the line began; and

(c)

the territorial sea of Australia north of the Fisheries Jurisdiction Line.

4

The area of the finfish fishery is the area consisting of:

1. (a)

   the area of waters in Protected Zone to the south of the Fisheries Jurisdiction Line;

(b)

the area of waters (excluding any waters within the limits of Queensland) bounded by a line beginning at the point of latitude 10° 48' 00" south, longitude 141° 20' 00" east and running progressively:

1. ·

   north along the meridian of longitude 141° 20' 00" east to its intersection with the parallel of latitude 10° 28' 00" south;

1. ·

   east along that parallel to its intersection with the meridian of longitude 144° 00' 00" east;

1. ·

   south along that meridian to its intersection with the parallel of latitude 10° 41' 00" south;

2. ·

   west along that parallel to its intersection with the meridian of longitude 142° 31' 49" east;

1. ·

   south along that meridian to its northernmost intersection with the coastline of Cape York Peninsula at low water;

1. ·

   generally south-westerly along the western coastline of Cape York Peninsula, that is along the low water line on that coast and across any river mouth, to its intersection with the parallel of latitude 10° 48' 00" south;

1. ·

   west along that parallel to the point where the line began; and

(c)

the territorial sea of Australia north of the Fisheries Jurisdiction Line.

5

The area of the pearl shell fishery is the area consisting of:

1. (a)

   the area of waters in the Protected Zone to the south of the Seabed Jurisdiction Line; and

(b)

the area of waters (excluding any waters within the limits of Queensland) bounded by a line beginning at the point of latitude 11° 10' 00" south, longitude 141° 01' 00" east and running progressively:

1. ·

   north along the meridian of longitude

   141° 01' 00" east to its intersection with the Fisheries Jurisdiction Line;

1. ·

   north-easterly along that line to its intersection with the meridian of longitude 141° 20' 00" east;

2. ·

   south along that meridian to its intersection with the parallel of latitude 10° 28' 00" south;

3. ·

   east along that parallel to its intersection with the meridian of longitude 144° 00' 00" east;

4. ·

   south along that meridian to its intersection with the parallel of latitude 10° 41' 17" south;

5. ·

   west along that parallel to its intersection with the meridian of longitude 142° 31' 49" east;

1. ·

   south along that meridian to its northernmost intersection with the coastline of Cape York Peninsula at low water;

2. ·

   generally south-westerly along the western coastline of Cape York Peninsula, that is along the low water line on that coast and across any river mouth, to its intersection with the parallel of latitude 11° 10' 00" south;

3. ·

   west along that parallel to the point where the line began; and

(c)

the territorial sea of Australia north of the Seabed Jurisdiction Line.

6

The area of the prawn fishery is the area consisting of:

1. (a)

   the area of waters in the Protected Zone to the south of the Fisheries Jurisdiction Line; and

(b)

the area of waters (excluding any waters within the limits of Queensland) bounded by a line beginning at the point of latitude 10° 28' 00" south, longitude 142° 09' 00" east and running progressively:

1. ·

   east along the parallel of latitude 10° 28' 00" south to its intersection with the meridian of longitude 144° 00' 00" east;

2. ·

   south along that meridian to its intersection with the parallel of latitude 10° 41' 17" south;

3. ·

   west along that parallel to its intersection with the meridian of longitude 142° 31' 49" east;

4. ·

   south along that meridian to its northernmost intersection with the coastline of Cape York Peninsula at low water;

5. ·

   generally south-westerly along the western coastline of Cape York Peninsula, that is along the low water line on that coast and across any river mouth, to its intersection with the meridian of longitude 142° 09' 00" east;

1. ·

   north along that meridian to the point where the line began; and

(c)

the territorial sea of Australia north of the Fisheries Jurisdiction Line.

7

The area of the Spanish mackerel fishery is the area consisting of:

1. (a)

   the area of waters in the Protected Zone to the south of the Fisheries Jurisdiction Line; and

2. (b)

   the area of waters (excluding any waters within the limits of Queensland) bounded by a line beginning at the point of latitude 10° 48' 00" south, longitude 141° 20' 00" east and running progressively:

1. ·

   north along the meridian of longitude

   141° 20' 00" east to its intersection with the parallel of latitude 10° 28' 00" south;

2. ·

   east along that parallel to its intersection with the meridian of longitude 144° 00' 00" east;

3. ·

   south along that meridian to its intersection with the parallel of latitude 10° 41' 17" south;

4. ·

   west along that parallel to its intersection with the meridian of longitude 142° 31' 49" east;

1. ·

   south along that meridian to its northernmost intersection with the coastline of Cape York Peninsula at low water;

2. ·

   generally south-westerly along the western coastline of Cape York Peninsula, that is along the low water line on that coast and across any river mouth, to its intersection with the parallel of latitude 10° 48' 00" south;

3. ·

   west along that parallel to the point where the line began; and

(c)

the territorial sea of Australia north of the Fisheries Jurisdiction Line.

8

The area of the trochus fishery is the area consisting of:

(a)

the area of waters in the Protected Zone to the south of the Seabed Jurisdiction Line; and

(b)

the area of waters (excluding any waters within the limits of Queensland) bounded by a line beginning at the point of latitude 10° 48' 00" south, longitude 141° 20' 00" east and running progressively:

1. ·

   north along the meridian of longitude

   141° 20' 00" east to its intersection with the parallel of latitude 10° 28' 00" south;

1. ·

   east along that parallel to its intersection with the meridian of longitude 144° 00' 00" east;

1. ·

   south along that meridian to its intersection with the parallel of latitude 10° 41' 00" south;

1. ·

   west along that parallel to its intersection with the meridian of longitude 142° 31' 49" east;

1. ·

   south along that meridian to its northernmost intersection with the coastline of Cape York Peninsula at low water;

1. ·

   generally south-westerly along the western coastline of Cape York Peninsula, that is along the low water line on that coast and across any river mouth, to its intersection with the parallel of latitude 10° 48' 00" south;

1. ·

   west along that parallel to the point where the line began; and

(c)

the territorial sea of Australia north of the Seabed Jurisdiction Line.

9

The area of the tropical rock lobster fishery is the area consisting of:

(a)

the area of waters in the Protected Zone to the south of the Fisheries Jurisdiction Line; and

(b)

the area of waters (excluding any waters within the limits of Queensland) bounded by a line beginning at the point of latitude 10° 48' 00" south, longitude 141° 20' 00" east and running progressively:

1. ·

   north along the meridian of longitude

   141° 20' 00" east to its intersection with the parallel of latitude 10° 28' 00" south;

1. ·

   east along that parallel to its intersection with the meridian of longitude 144° 00' 00" east;

1. ·

   south along that meridian to its intersection with the parallel of latitude 10° 41' 17" south;

1. ·

   west along that parallel to its intersection with the meridian of longitude 142° 31' 49" east;

1. ·

   south along that meridian to its northernmost intersection with the coastline of Cape York Peninsula at low water;

1. ·

   generally south-westerly along the western coastline of Cape York Peninsula, that is along the low water line on that coast and across any river mouth, to its intersection with the parallel of latitude 10° 48' 00" south;

1. ·

   west along that parallel of the point where the line began; and

(c)

the territorial sea of Australia north of the Fisheries Jurisdiction Line.

10

The area of the turtle fishery is the area consisting of:

(a)

the area of waters in the Protected Zone to the south of the Fisheries Jurisdiction Line; and

(b)

the area of waters (excluding any waters within the limits of Queensland) bounded by a line beginning at the point of latitude 11° 10' 00" south, longitude 141° 01' 00" east and running progressively:

1. ·

   north along the meridian 141° 01' 00" east to its intersection with the Fisheries Jurisdiction Line;

1. ·

   north-easterly along that line to its intersection with the meridian of longitude 141° 20' 00" east;

1. ·

   south along that meridian to its intersection with the parallel of latitude 10° 28' 00" south;

1. ·

   east along that parallel to its intersection with the meridian of longitude 144° 10' 00" east;

1. ·

   north-easterly along the geodesic to the point of latitude 10° 15' 00" south, longitude

   144° 12' 00" east;

1. ·

   north-easterly along the geodesic to the point of latitude 9° 54' 00" south, longitude

   144° 28' 00" east;

1. ·

   north along the meridian of longitude

   144° 28' 00" east to its intersection with the Fisheries Jurisdiction Line;

1. ·

   south-easterly along that line to its intersection with the meridian of longitude 144° 40' 00" east;

1. ·

   south along that meridian to its intersection with the parallel of latitude 10° 41' 17" south;

1. ·

   west along that parallel to its intersection with the meridian of longitude 142° 31' 49" east;

1. ·

   south along that meridian to its northernmost intersection with the coastline of Cape York Peninsula at low water;

1. ·

   generally south-westerly along the western coastline of Cape York Peninsula, that is along the low water line on that coast and across any river mouth, to its intersection with the parallel of latitude 11° 10' 00" south;

1. ·

   west along that parallel to the point where the line began; and

(c)

the territorial sea of Australia north of the Fisheries Jurisdiction Line.

Notes

1. These regulations amend Statutory Rules 1985 No. 9, as amended by 1985 No. 359; 1987 No. 31; 1988 No. 198.

2. Made by the Governor-General on 31 March 1999, and notified in the Commonwealth of Australia Gazette