Amendment to an Arrangement between the Commonwealth of Australia and the State of Western Australia in relation to the Fishery for Fish and Other Aquatic Biological Resources in Waters Relevant to Western Australia

Administered by Department of Agriculture

Legislation au C2018G00618 In force Gazette

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AMENDMENT TO AN ARRANGEMENT BETWEEN THE COMMONWEALTH OF AUSTRALIA AND THE STATE OF WESTERN AUSTRALIA IN RELATION TO THE FISHERY FOR FISH AND OTHER AQUATIC BIOLOGICAL RESOURCES IN WATERS RELEVANT TO WESTERN AUSTRALIA

This ARRANGEMENT is made between the Commonwealth of Australia (“the Commonwealth”) and the State of Western Australia (“the State”).

WHEREAS:

(a)    The Commonwealth and the State have entered into the “Arrangement between the Commonwealth and the State of Western Australia in relation to the fishery for fish and other aquatic biological resources in waters relevant to Western Australia” as was published in the Commonwealth of Australia Gazette GN No. 4 on 1st February 1995 at pages 353 to 365 (“the Arrangement”). 

(b)    The Arrangement provided that, in accordance with section 72 of the Fisheries Management Act 1991 (Cth) (“the Commonwealth Act”) and the then section 8H of the Fisheries Act 1905 (WA) (“the Repealed State Act”), the fishery described in clause 2 of the Arrangement, being coastal waters and all waters of the Australian fishing zone that lie within the area described in Schedule 2 to the Petroleum (Submerged Lands) Act 1967 (“the Repealed Petroleum Act”) under the heading “Area that includes the Adjacent Area in respect of Western Australia”, is to be managed in accordance with the law of Western Australia subject to exceptions described therein. 

(c)     Despite the repeal of the Repealed Petroleum Act, the reference in clause 2 of the Arrangement to the “Area that includes the Adjacent Area in respect of Western Australia” in Schedule 2 to the Repealed Act is now read to be a reference to the “Scheduled area for Western Australia” in Schedule 1, item 5 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006, by the application of paragraph 10(c) of the Acts Interpretation Act 1901 (“the Interpretation Act”). 

(d)    Subclauses 2(b) and 2(e) of the Arrangement provide, inter alia, that the Great Australian Bight Trawl Fishery and the Joint Authority Southern Demersal Gillnet and Longline Fishery are excluded from being managed by Western Australia in accordance with the law of Western Australia. 

(e)    Item 7 of Schedule 3 to the Fish Resources Management Act 1994 (WA) (“the State Act”) provides that an arrangement made under section 8H of the State Repealed Act and in force immediately before the commencement of the State Act continues in force, on commencement of the State Act, as if the arrangement had been made under section 22 of the State Act. 

(f)     Pursuant to subsection 33(3) of the Interpretation Act and section 22 of the State Act, the Arrangement was amended by a further arrangement between the Commonwealth and the State as was published in the Commonwealth of Australia Gazette GN No. 38 on 23rd September 1998 at pages 3,200 to 3,205 (“the First Amending Arrangement”).

(g)    Clause 1 of the First Amending Arrangement provided that, inter alia, the description of the Great Australian Bight Trawl Fishery for the purposes of subclause 2(b) of the Arrangement was to be amended as provided in subclause 1(c) of the First Amending Arrangement. 

(h)    Subsection 74A(1) of the Commonwealth Act provides that an instrument made under, inter alia, section 72 of the Commonwealth Act may be amended by instrument approved by the Commonwealth Minister responsible for administering the Commonwealth Act and the State Minister responsible for administering the State Act. 

(i)      The parties now wish to further amend the area of the Great Australian Bight Trawl Fishery having regard to more accurate available data, pursuant to subsection 74A(1) of the Commonwealth Act, wish to amend the Arrangement to accommodate the termination of Western Australian Fisheries Joint Authority’s management of the Joint Authority Southern Demersal Gillnet and Longline Fishery and to provide for the management of that fishery in accordance with the law of Western Australia, pursuant to subsection 74A(1) of the Commonwealth Act (“the Second Amending Arrangement”) and to amend references to the Schedules to correct drafting errors, pursuant to subsection 74A(1) of the Commonwealth Act. 

 

NOW IT IS MUTUALLY ARRANGED that the Arrangement will be varied as follows:

  1. The description of the area of the Great Australian Bight Trawl Fishery in Schedule 1 of the Arrangement as referred to in subclause 2(b) of the Arrangement is deleted and replaced by the description provided in the Schedule to this variation arrangement.
  2. Subclause 2(d) is deleted and replaced with the following:

(d) all of the fish of the Class Osteichthyes and Class Chondrichthyes in the waters of the fishery described in Schedule 4 when any methods of pelagic gillnetting, demersal gillnetting and demersal longlining are used;

Schedule 4 (Joint Authority Northern Shark Fishery)

 

3.         Subclause 2(e) and Schedule 3 of the Arrangement are deleted. 

4.         The paragraph immediately after subclause 2(g) is deleted and replaced with the following:

but including fish to which paragraphs (a), (d) and (f) would otherwise apply when taken in the exercise of a right conferred by a licence or other authority granted by the State for the species to which this Arrangement applies. 

5.         Clause 4 of the Arrangement is deleted and replaced with the following:

The Commonwealth Minister responsible for administering the Commonwealth Act and the State Minister responsible for the State Act may in writing agree about:

(a)      the maximum quantity of fish, the subject of paragraph 2(g) and the paragraph immediately thereafter, that may be taken from time to time under a licence or authority issued by the State;

(b)     any other matter of mutual interest in relation to the fishery. 

6.         The heading for Schedule 4 is deleted and replaced with the following:

AREA OF THE JOINT AUTHORITY NORTHERN SHARK FISHERY

7.         Any agreements already in place under clause 4 of the Arrangement continue to be in force. 

8.         This variation to the Arrangement will take effect for the purpose of subsection 74A(2) of the Commonwealth Act on 1 December 2018.

9.         The Arrangement may be terminated in accordance with section 75 of the Commonwealth Act as is specified in subsection 22(2) of the State Act.

SCHEDULE

a)           commencing at the intersection of the 200 metre isobath south of Australia with the meridian of longitude 115° 08’ 06’’ E;

b)           running south along that meridian to its intersection with the outer limit of the Australian fishing zone;

c)            generally easterly along that outer limit to its intersection with the meridian of longitude 129° E;

d)           north along that meridian to its intersection with the outer limits of coastal waters off southern Australia;

e)           generally westerly along the outer limit of the coastal waters of Western Australia to its intersection with the meridian of longitude 125° 00’ 05’’ E;

f)             south along that meridian to its intersection with the 200 metre isobath;

g)           generally westerly along that isobath to the point where the line began.

 

 

 

The Hon. Anne Ruston

Assistant Minister for Agriculture and Water Resources

on behalf of the Commonwealth under

the Fisheries Management Act 1991

in the presence of

 

__________________________ Date:  30 July 2018

 

The Hon. David Kelly

Minister for Water; Fisheries; Forestry; Innovation and ICT;

Science on behalf of the State

under the Fish Resource Management Act 1994

in the presence of

 

______________________________ Date:  14 July 2018

 

Overview

The Arrangement between the Commonwealth of Australia and the State of Western Australia, initially established in 1995 and subsequently amended in 1998, was enacted to address the management of fisheries in coastal and offshore waters relevant to Western Australia. This Arrangement was amended by the Second Amending Arrangement in 2018 to update the boundaries of the Great Australian Bight Trawl Fishery, accommodate the termination of the Western Australian Fisheries Joint Authority’s management of the Joint Authority Southern Demersal Gillnet and Longline Fishery, and correct drafting errors in references to Schedules. The policy objective of these amendments is to ensure the sustainable management of fisheries in Western Australian waters, providing clarity and precision in the management of specific fisheries and the species involved. This legislative framework is overseen by the Commonwealth and the State, as per the Fisheries Management Act 1991 and the Fish Resources Management Act 1994 respectively, and is designed to maintain effective governance and regulatory oversight of aquatic biological resources in the region.

Scope and Application

The Second Amending Arrangement between the Commonwealth of Australia and the State of Western Australia amends the existing arrangement regarding the management of fisheries for fish and other aquatic biological resources in waters relevant to Western Australia. The Arrangement applies to the management of fisheries in waters within the jurisdiction of Western Australia, as delineated in the Arrangement, subject to the exceptions and exclusions noted. This includes the coastal waters and the Australian fishing zone that lie within the Scheduled Area for Western Australia. The Amendment specifies that certain fisheries, such as the Great Australian Bight Trawl Fishery and the Joint Authority Southern Demersal Gillnet and Longline Fishery, are excluded from being managed by Western Australia in accordance with the law of Western Australia, and it provides for the management of the Joint Authority Northern Shark Fishery by Western Australia. The Arrangement provides for the Commonwealth and the State to agree on matters such as the maximum quantity of fish that may be taken from time to time under a licence or authority issued by the State. The Amendment will take effect on 1 December 2018 and can be terminated in accordance with the provisions of the Fisheries Management Act 1991 and the Fish Resources Management Act 1994.

Key Provisions

The main operative sections of this Amendment to an Arrangement between the Commonwealth of Australia and the State of Western Australia in relation to the fishery for fish and other aquatic biological resources in waters relevant to Western Australia, include the replacement of the description of the area of the Great Australian Bight Trawl Fishery in Schedule 1 of the Arrangement (Clause 2). This amendment is specified in the Schedule to this variation arrangement, which details the new boundaries of the fishery. Additionally, Clause 3 deletes subclause 2(e) and Schedule 3 of the Arrangement, effectively removing references to the Joint Authority Southern Demersal Gillnet and Longline Fishery. Clause 4 replaces the previous clause, allowing the Commonwealth Minister and the State Minister to agree on the maximum quantity of fish that may be taken and other matters of mutual interest. Clause 5 changes the heading for Schedule 4 to reflect the Joint Authority Northern Shark Fishery. Clause 6 ensures that any agreements already in place under the old clause 4 will continue to be in force. Finally, Clause 8 specifies that this variation to the Arrangement will take effect on 1 December 2018. The obligations imposed by this Amendment require the Commonwealth and the State to manage the fishery in accordance with the new definitions and provisions set out in the document. The Commonwealth Minister and the State Minister are now tasked with agreeing on the maximum quantities of fish that may be taken and other matters of mutual interest in relation to the fishery, as per Clause 4. The parties must also ensure that any existing agreements under the previous clause 4 remain in effect, as per Clause 6. Furthermore, the new Schedule detailing the boundaries of the Great Australian Bight Trawl Fishery must be adhered to by all parties involved in the fishery. Any breaches of the provisions in this Amendment may result in civil or criminal consequences, depending on the nature and severity of the breach. The specific penalties for breaches are not outlined in the document, but they would typically be determined by the relevant laws governing fisheries management in both the Commonwealth and the State of Western Australia. It is important for all parties involved in the fishery to ensure compliance with the new provisions to avoid potential legal repercussions.

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