Wren Fishing Pty Ltd v Queensland

Wren Fishing Pty Ltd sought to challenge the validity of certain provisions of the Fisheries (Commercial Fisheries) Regulation 2019 (Qld) which restricts the use of certain fishing equipment in the Gulf of Carpentaria. The matter was heard by the Queensland Supreme Court. The applicant, a holder of commercial fishing licenses, argued that the prohibition on net fishing during the "barramundi (Gulf) regulated period" was unreasonable and beyond the legislative power of the Queensland Parliament, as it related to the regulation of barramundi, a species which is not within the legislative competence of Queensland.

The court was required to consider whether the term "barramundi (Gulf) regulated period" in the regulation involved the ultra vires regulation of barramundi. The court also had to determine whether the prohibition on net fishing during the specified period was unreasonable or disproportionate. The applicant submitted that there were no barramundi in the particular fishery area and that the prohibition on net fishing during the regulated period was therefore unreasonable.

The court found that the term "barramundi (Gulf) regulated period" did not involve the regulation of barramundi but rather described a period of time during which certain fishing practices were restricted. The court held that the prohibition on net fishing during the regulated period was not unreasonable or disproportionate, as it was designed to protect the spawning season of barramundi, even though the particular fishery area in question did not contain barramundi. The application was dismissed.

The court ordered that the application be heard on 9 December 2020, to determine the costs of the proceedings and the future conduct of the application.