Arrangement between the Commonwealth and Tasmania in relation to marine farming research activities in the Australian Fishing Zone
Definitions
- In this instrument:
a) Commonwealth Act means the Fisheries Management Act 1991 (Cth).
b) relevant waters means waters on the seaward side of the coastal waters of Tasmania that are to be managed in accordance with this arrangement, being the area enclosed by:
NW corner: | 145° 55’ 11.86061’’E 40° 55’ 34.99345’’S |
NE corner: | 145° 56’ 46.03965’’E 40° 55’ 34.99345’’S |
The point due south of the NW corner that intersects the Tasmanian coastal waters boundary the Tasmanian coastal waters boundary; and |
the point due south of the NE corner that intersects with the Tasmanian coastal waters boundary. |
c) Tasmanian Act means the Living Marine Resources Management Act 1995 (Tas).
The Arrangement
2. This arrangement is entered into by the Commonwealth and Tasmania in accordance with s 72 of the Commonwealth Act and s 161 of the Tasmanian Act.
3. The Commonwealth and Tasmania intend that activities with respect to the marine farming of fish for research purposes carried out in relevant waters are to be managed in accordance with the laws of Tasmania.
4. This arrangement applies to the extent that the activities described in paragraph 3 amount to:
a) the marine farming of fish for research purposes in accordance with s 161(6) of the Tasmanian Act, and
b) a class of activities by way of fishing for the purpose of the Commonwealth Act, including:
(i) the taking of fish in relevant waters
(ii) any activities performed in relevant waters which could reasonably be expected to result in the taking of fish, or
(iii) any operations in relevant waters that are directly in support of, or in preparation for either of the activities described above at cl 4(b)(i) or cl 4(b)(ii).
Note: Section 72 of the Commonwealth Act allows the Commonwealth and Tasmania to enter into an arrangement in relation to the management of a ‘fishery’ within the meaning of s 4 of the Commonwealth Act. A ‘fishery’ is defined in the Commonwealth Act by reference to activities that amount to ‘fishing’, including the activities described above in clauses 4b)(i) to (iii).
Section 161(1) of the Tasmanian Act allows Tasmania to enter into an arrangement with the Commonwealth in relation to the management of a particular fishery within State waters. Section 161(6) of the Tasmanian Act expressly provides that the marine farming of fish for research purposes is a fishery to which an arrangement under s 161 may apply.
Severance
5. It is the intention of both the Commonwealth and Tasmania that the arrangement entered into in accordance with this instrument has effect only to the extent that it is supported by both the Commonwealth Act and the Tasmanian Act.
6. If any aspect of this arrangement is found to be invalid or unenforceable for any reason, it is the intention of both the Commonwealth and Tasmania that only the invalid or unenforceable aspect is to be of no effect and every other aspect of the arrangement is to continue to have effect according to its terms.
Termination of the arrangement
7. It is the intention of both the Commonwealth and Tasmania that this arrangement will be terminated in accordance with s 75 of the Commonwealth Act and s 161 of the Tasmanian Act.
Execution
8. This instrument is made by the Commonwealth and Tasmania by:
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SIGNED for and on behalf of the Commonwealth of Australia | |
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Senator, the Honourable Jonathon Duniam Assistant Minister for Forestry and Fisheries | |
Date 1 April 2022 | |
SIGNED for and on behalf of the Crown in right of Tasmania | |
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The Honourable Guy Barnett MP Minister for Primary Industries and Water | Date 1 April 2022 |
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Overview
The Arrangement between the Commonwealth and Tasmania in relation to marine farming research activities in the Australian Fishing Zone was enacted in 2022. This legislative arrangement was introduced to address the need for a coordinated approach between the Commonwealth and Tasmania in managing marine farming activities for research purposes within the Australian Fishing Zone, specifically in waters adjacent to Tasmania. The enacting bodies were the Commonwealth of Australia and the Crown in right of Tasmania, with the arrangement formalised under section 72 of the Fisheries Management Act 1991 (Cth) and section 161 of the Living Marine Resources Management Act 1995 (Tas). The primary policy objective of this arrangement is to ensure that marine farming activities for research undertaken in the designated relevant waters are governed by Tasmanian laws, fostering a collaborative framework that aligns with both Commonwealth and Tasmanian fisheries management principles.
Scope and Application
The Arrangement between the Commonwealth and Tasmania concerning marine farming research activities in the Australian Fishing Zone, as gazetted under C2022G00262, applies specifically to activities related to the marine farming of fish for research purposes conducted in the defined 'relevant waters' of Tasmania. These waters, specified in the Arrangement, lie on the seaward side of Tasmania’s coastal waters boundary. The Arrangement is intended to ensure that such research activities are managed under the laws of Tasmania, in compliance with both the Fisheries Management Act 1991 (Cth) and the Living Marine Resources Management Act 1995 (Tas). The arrangement encompasses activities including the taking of fish, actions that could reasonably result in the taking of fish, and operations directly supporting or preparing for these activities within the relevant waters. The arrangement is subject to the laws of both the Commonwealth and Tasmania, and any invalid or unenforceable aspect of the arrangement will not affect the remaining provisions. Both parties intend for the arrangement to terminate according to the provisions of the respective Acts.
Key Provisions
This arrangement, established under sections 72 of the Fisheries Management Act 1991 (Cth) and 161 of the Living Marine Resources Management Act 1995 (Tas), delineates the framework for managing marine farming research activities in the Australian Fishing Zone off the coast of Tasmania. The arrangement stipulates that such activities, defined in section 3, are to be governed by Tasmanian laws. Specifically, these activities include the marine farming of fish for research purposes and various fishing-related actions in designated waters, as detailed in section 4. The relevant waters are specified as the area enclosed by particular geographic coordinates mentioned in the definitions.
Under this arrangement, both the Commonwealth and Tasmania impose obligations on entities conducting marine farming research in the specified waters. These obligations are primarily focused on ensuring compliance with Tasmanian laws, which govern the activities described. This includes adherence to regulations concerning the taking of fish, preparatory activities, and support operations related to marine farming research. The arrangement mandates that all such activities must be conducted in accordance with the provisions of the Tasmanian Act, ensuring a unified regulatory approach.
Breaches of this arrangement may result in legal consequences. The Tasmanian Act and the Fisheries Management Act 1991 (Cth) outline the penalties for non-compliance with the stipulated regulations. Offences under these Acts can attract both civil and criminal penalties, with the severity of the penalties depending on the nature and extent of the breach. For instance, unauthorised fishing activities or failure to comply with research regulations may result in fines or imprisonment, as specified in the relevant sections of the Acts. The exact penalties are detailed within the respective legislative frameworks, with maximum penalties potentially applying for serious or repeated offences.