ARRANGEMENT BETWEEN THE COMMONWEALTH OF AUSTRALIA AND THE STATE OF QUEENSLAND IN RELATION TO THE GULF OF CARPENTARIA GREY MACKEREL FISHERY
AN ARRANGEMENT entered into between the Commonwealth of Australia (the Commonwealth) and the State of Queensland (the State).
WHEREAS:
(a) On 2 July 2003, an arrangement was made by the Commonwealth with the State under subsection 71(1) of the Fisheries Management Act 1991 of the Commonwealth (the Management Act) in relation to the Gulf of Carpentaria Grey Mackerel Fishery, published in the Commonwealth of Australia Gazette No.GN 26 at page 1921 to 1923, providing for the management of that fishery by the Queensland Fisheries Joint Authority in accordance with the law of the State.
(b) This arrangement was subsequently terminated pursuant to subsection 75(1) of the Management Act in an instrument titled “Termination of an Arrangement Between the Commonwealth of Australia and the State of Queensland in Relation to the Gulf of Carpentaria Grey Mackerel Fishery” approved by the Commonwealth Minister on behalf of the Commonwealth and the Minister of the State.
(c) Subsection 72(1) of the Management Act provides that the Commonwealth may make an arrangement with a State with respect to a particular fishery in waters relevant to the State (not being a fishery to which an arrangement under subsection 71(1) applies) and that is wholly or partly in waters on the seaward side of the coastal waters of the State, to be managed by the State in accordance with the law of the State.
(d) The waters relevant to the State are, by operation of subsection 58(2) of the Management Act, defined to include the coastal waters of the State and the Australian Fishing Zone. In addition, section 73 of the Management Act provides that an arrangement under Division 3 of Part 5 of the Act does not have any effect in relation to any area within the Protected Zone or, if there is in force a Proclamation under subsection 15(1) or (2) of the Torres Strait Fisheries Act 1984 in relation to an area adjacent to the Protected Zone, any activities within that area to which that Act applies by virtue of the Proclamation.
(e) Subsection 132(1) of the Fisheries Act 1994 of the State (State Act) empowers the State to make an arrangement with the Commonwealth under inter alia subsection 72(1) of the Management Act.
(f) Both the Commonwealth and the State are desirous of exercising their respective powers under the Management Act and State Act to make a further arrangement for the management of the fishery by the State.
THEREFORE in accordance with the Management Act and the State Act and all other enabling powers it is mutually arranged as follows:
- Pursuant to subsection 72(1)(b) of the Management Act, the Commonwealth and the State hereby arrange that the fishery referred to in paragraph 2 is to be managed in accordance with the law of the State.
2. The fishery to which this arrangement applies is the fishery in waters relevant to the State, being coastal waters and waters of the Australian Fishing Zone that lie within the "Scheduled area for Queensland” as described in Schedule 1, item 3 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 of the Commonwealth, that is west of 142 degrees 31 minutes 49 seconds East longitude for:
(a) commercial fishing for Grey Mackerel (Scomberomorus semifasciatus); and
(b) the taking of incidental catch of finfish by a person fishing for Grey Mackerel under an authority granted under the law of the State.
3. This arrangement takes effect on the day after it is published in the Commonwealth of Australia Gazette.
DATED the 20 day of AUGUST 2021
SIGNED for and on behalf of the Commonwealth of Australia by Senator the Hon. Jonathon Duniam Assistant Minister for Forestry and Fisheries Jonathon Duniam 20/08/2021 | SIGNED for and on behalf of the State of Queensland by the Hon Mark Furner MP Minister for Agricultural Industry Development and Fisheries and Minister for Rural Communities Mark Furner 04/08/2021 |
Overview
The Arrangement between the Commonwealth of Australia and the State of Queensland in relation to the Gulf of Carpentaria Grey Mackerel Fishery, enacted in 2021, is a legislative agreement designed to address the management of the Grey Mackerel Fishery in the specified waters of the Gulf of Carpentaria. This arrangement was introduced to allow for the continued management of the fishery by the State of Queensland in accordance with its laws, following the termination of the previous arrangement made under the Fisheries Management Act 1991. The enactment body for this arrangement is the Parliament of the Commonwealth of Australia and the Parliament of the State of Queensland. The policy objective of this arrangement is to facilitate effective and coordinated management of the fishery, ensuring sustainable practices while recognising the jurisdictional rights and responsibilities of both the Commonwealth and the State.
Scope and Application
The C2021G00879 Arrangement between the Commonwealth of Australia and the State of Queensland pertains to the management of the Gulf of Carpentaria Grey Mackerel Fishery. This arrangement applies to the fishery involving the commercial fishing for Grey Mackerel (Scomberomorus semifasciatus) and the incidental catch of finfish by persons fishing for Grey Mackerel under an authority granted under the law of the State. The arrangement is confined to waters relevant to the State of Queensland, specifically coastal waters and waters of the Australian Fishing Zone that lie within the "Scheduled area for Queensland" as described in the Offshore Petroleum and Greenhouse Gas Storage Act 2006 of the Commonwealth, that are west of 142 degrees 31 minutes 49 seconds East longitude. The Commonwealth and the State of Queensland have mutually agreed that this fishery will be managed in accordance with Queensland law, effective from the day after the arrangement is published in the Commonwealth of Australia Gazette. The arrangement does not apply to any areas within the Protected Zone or any activities within areas to which the Torres Strait Fisheries Act 1984 applies by virtue of a Proclamation. The arrangement may be extended or modified through subordinate instruments, as permitted under the Fisheries Management Act 1991 of the Commonwealth and the Fisheries Act 1994 of the State of Queensland.
Key Provisions
The main operative sections of the Arrangement between the Commonwealth of Australia and the State of Queensland in relation to the Gulf of Carpentaria Grey Mackerel Fishery are outlined in sections 2 and 3. Section 2 specifies the fishery to which the arrangement applies, which includes commercial fishing for Grey Mackerel and the incidental catch of finfish by persons fishing for Grey Mackerel in waters relevant to Queensland, within the Scheduled area for Queensland and west of 142 degrees 31 minutes 49 seconds East longitude. This arrangement, as detailed in section 3, takes effect the day after it is published in the Commonwealth of Australia Gazette.
The obligations and requirements imposed by this arrangement on the parties governed by it primarily involve the management of the specified fishery. Under the arrangement, the State of Queensland is tasked with managing the fishery in accordance with its own laws. This includes ensuring that any commercial fishing activities for Grey Mackerel and the taking of incidental catch of finfish are conducted under an authority granted under Queensland law. The Commonwealth, on its part, recognises and supports the management framework established by Queensland for this specific fishery, ensuring alignment with broader fisheries management objectives.
Regarding the offences, penalties, or civil/criminal consequences for breach, the arrangement itself does not explicitly detail specific penalties or consequences for non-compliance. However, breaches of the laws under which the fishery is managed, such as the Fisheries Management Act 1991 of the Commonwealth or the Fisheries Act 1994 of Queensland, would be subject to the penalties and consequences outlined in those respective Acts. For instance, under the Fisheries Management Act 1991, offences can result in substantial fines and, in severe cases, imprisonment. Similarly, the Fisheries Act 1994 of Queensland provides for fines and penalties for breaches of its provisions, which could include civil or administrative penalties depending on the nature and severity of the breach.