Arrangement between the Commonwealth and the State of Queensland under section 31 of the Torres Strait Fisheries Act 1984

Overview

The Torres Strait Fisheries Arrangement between the Commonwealth and the State of Queensland was enacted in 1999 under section 31 of the Torres Strait Fisheries Act 1984, aiming to address the management of fisheries in the Torres Strait region. This legislative instrument was approved by the Governor-General of Australia, William Deane, and the Governor of Queensland, Major General Peter Arnison, and was intended to replace a previous arrangement from 1985. The arrangement establishes the Protected Zone Joint Authority, which is tasked with managing specified commercial fishing activities within designated areas of the Torres Strait, excluding fishing for sedentary organisms, aquaculture, and fishing within Queensland's limits. The objective is to ensure that the management of these fisheries adheres to Commonwealth law, thereby providing a unified approach to fisheries management in the region.

Scope and Application

The arrangement between the Commonwealth and the State of Queensland under section 31 of the Torres Strait Fisheries Act 1984 applies to the management of commercial fishing activities within the Protected Zone, specifically excluding sedentary organisms fishing north of the Seabed Jurisdiction Line, aquaculture, and fishing within Queensland's jurisdictional limits. This arrangement designates the Protected Zone Joint Authority as the governing body for these fisheries, operating under Commonwealth law. The geographic scope of this legislation extends to areas south of the Fisheries Jurisdiction Line and specific declared areas within the Protected Zone, as per the arrangement's provisions. The arrangement also terminates the previous agreement dated 30 January 1985, effective from 1 April 1999. The application of this arrangement can be extended or modified through subordinate instruments, ensuring its adaptability to changing circumstances or regulatory needs.

Key Provisions

The key operative sections of this legislative instrument establish an arrangement between the Commonwealth and the State of Queensland under section 31 of the Torres Strait Fisheries Act 1984, effective from 1 April 1999. Section 3 details the arrangement, stating that the Protected Zone Joint Authority will manage the specified fishery in accordance with Commonwealth law. This management responsibility is distinct from the exclusion of certain activities, such as fishing for sedentary organisms in specific areas and aquaculture, as well as fishing within the limits of Queensland. Section 4 outlines the fishery to be managed, which includes commercial fishing within particular areas but excludes those mentioned in subsection 4(1). Additionally, the instrument specifies that the previous arrangement, made on 30 January 1985, is terminated with effect from the end of 31 March 1999. The obligations imposed by this arrangement require the Protected Zone Joint Authority to adhere strictly to the management directives outlined under Commonwealth law. This entails ensuring that the specified commercial fishing activities are conducted in compliance with the established legal framework, while avoiding the restricted areas and activities such as sedentary organism fishing, aquaculture, and fishing within Queensland's limits. The Authority must also ensure that all operations are conducted within the defined areas mentioned in the instrument, including the part of the Protected Zone south of the Fisheries Jurisdiction Line and the areas declared under the relevant subsections of the Act. Moreover, the Authority must manage the fishery in a manner that respects the transitional provisions concerning the termination of the previous arrangement. The legislative instrument sets forth consequences for non-compliance with its provisions. While the specific offences, penalties, or civil/criminal consequences are not explicitly detailed within the text, it is implicit that breaches of the management directives or failure to adhere to the specified exclusions could result in legal ramifications. Given the overarching framework of the Torres Strait Fisheries Act 1984, any violations might attract penalties as stipulated within that Act, which could include fines or other legal sanctions. Furthermore, the Authority's failure to properly manage the fishery within the designated areas or in accordance with Commonwealth law could lead to legal actions or enforcement measures aimed at rectifying the non-compliance.