Declaration of adjacent coastal area of Australia

Overview

The Torres Strait Fisheries Act 1984 was enacted to address the need for effective management and regulation of fisheries in the Torres Strait, an area of significant cultural, economic and environmental importance to both Australia and Papua New Guinea. This legislation was introduced by the Australian Parliament to ensure sustainable fishing practices and equitable sharing of marine resources between the two nations. The policy objective of this Act is to provide for the protection and conservation of fisheries in the Torres Strait, recognising the rights and interests of Indigenous communities and the need for cooperative management with Papua New Guinea. In 1985, pursuant to the Act, John Charles Kerin, the Minister of State for Primary Industry, declared a specific coastal area of Australia adjacent to the Protected Zone as outlined in the Schedule of the legislative instrument. This declaration was made under the authority granted by the Torres Strait Fisheries Act 1984, which aims to facilitate the sustainable use of marine resources in the region and foster a cooperative approach to fisheries management between Australia and Papua New Guinea. The legislative instrument is an example of the ongoing commitment to the principles established by the Torres Strait Treaty, ensuring the protection of both nations' interests in the shared marine environment.

Scope and Application

The Torres Strait Fisheries Act 1984 applies to the regulation and management of fisheries within the Torres Strait, which is an area of significant cultural and economic importance to the Indigenous communities in the region. The Act specifically designates the area adjacent to the Protected Zone and to the south of a defined line as the adjacent coastal area of Australia, as per the legislative instrument F2008B00752. This encompasses the geographic region to the east of the meridian of Longitude 142° East, to the north of the parallel of Latitude 11° South, and to the west of the meridian of Longitude 143° East, as detailed in the Schedule. The legislation's reach is confined to the specified coastal area, impacting fisheries and related activities within this zone. The Act does not explicitly mention exclusions or exemptions, but its application may be influenced by any subordinate instruments that further define the operational parameters and specific regulations within the designated area.

Key Provisions

The Torres Strait Fisheries Act 1984, as amended, designates a specific area as the adjacent coastal area of Australia, which is detailed in the Schedule to the Act (section 3). This legislative instrument, F2008B00752, clarifies the geographical boundaries of this area, which is significant for fisheries management and conservation purposes. Specifically, the area is defined as being to the east of the meridian of Longitude 142° East, to the north of the parallel of Latitude 11° South, and to the west of the meridian of Longitude 143° East (section 3(3)(a)). This legal designation ensures that the area is properly identified for regulatory and administrative purposes. Under the Act, certain obligations and requirements are imposed on the parties or entities that operate within this adjacent coastal area. These obligations may include compliance with fisheries management plans, licensing requirements, and adherence to the provisions of the Torres Strait Treaty. Operators must ensure they are aware of and comply with these regulations to avoid any legal repercussions (section 4). The Act also places a responsibility on relevant authorities to enforce these provisions, ensuring that the designated area is managed sustainably and in accordance with the law. Failure to comply with the provisions of the Torres Strait Fisheries Act 1984 can result in various consequences. The Act outlines specific offences and penalties for breaches, which may include fines and imprisonment. For example, unauthorised fishing activities in the designated area can lead to significant penalties, reflecting the importance of the area for fisheries management. The maximum penalties for such offences are specified within the Act and can vary depending on the severity of the breach (section 12). Additionally, civil consequences may apply, such as the revocation of fishing licenses or other regulatory measures to enforce compliance.