Declaration pursuant to section 17 - licence requirement for community rock lobster, Spanish mackerel and pearl shell fishing

Overview

The Torres Strait Fisheries Act 1984 was enacted by the Commonwealth Parliament to address the need for managing fisheries in the Torres Strait, particularly concerning the sustainable use and conservation of marine resources within the region. The Act was designed to establish a framework for the administration and regulation of fishing activities in the Torres Strait, taking into account the unique cultural, social, and economic needs of the local communities, including the Indigenous peoples of the area. The policy objective of the Act is to ensure the sustainable management of fisheries resources in the Torres Strait, balancing the needs of conservation with the rights and interests of the local communities who rely on these resources for their livelihoods. The legislative instrument F2008B00762, dated 11 August 1989, is a declaration by the Minister of State for Primary Industries and Energy, John Charles Kerin, on behalf of the Protected Zone Joint Authority, under section 17 of the Act. This declaration specifies that a licence is required for certain fishing activities, such as taking rock lobster, Spanish mackerel, and pearl shell using boats over 6 metres in length, within the designated fisheries areas as part of community fishing practices. The declaration aims to implement the regulatory requirements set out in the Act to manage and protect the specified fisheries in the Torres Strait.

Scope and Application

The Torres Strait Fisheries Act 1984 applies to the management and regulation of fisheries within the Torres Strait, a body of water situated between Australia and Papua New Guinea. This Act encompasses various aspects of fishing activities, including the licensing of certain types of fishing and the protection of marine resources. It applies to individuals, entities, and vessels engaging in fishing activities within the designated areas of the Torres Strait, specifically targeting rock lobster, Spanish mackerel, and pearl shell fisheries. The Act's jurisdictional reach is confined to the Commonwealth level, providing a regulatory framework that governs both Australian and non-Australian entities operating within the designated fisheries areas. The Act includes provisions that may be extended or restricted through subordinate instruments, such as regulations or notices, which can further define specific operational parameters or exemptions. For instance, the Act mandates a licence for taking specified marine resources using a boat over 6 metres in length, as declared by the Minister, thereby ensuring that community fishing activities are appropriately regulated and monitored within the Torres Strait.

Key Provisions

The Torres Strait Fisheries Act 1984 contains several key provisions regarding fishing activities within the Torres Strait region. Section 17 of the Act (subsection 17(1)) stipulates that a licence is required for certain types of fishing activities involving boats longer than 6 metres. This declaration specifically mandates a licence for community fishing of rock lobster, Spanish mackerel, and pearl shell within their respective fishery areas (subsection 19(2)). The Minister of State for Primary Industries and Energy, John Charles Kerin, has made this declaration on behalf of the Protected Zone Joint Authority, exercising the power granted under section 35(1)(a) of the Act. This Notice, which is in line with subsection 17(2), will take effect one month after its publication in the Gazette. Under the Act, entities and individuals engaged in fishing activities within the designated areas must comply with the licensing requirements outlined in section 17. This means that any person or entity intending to engage in the community fishing of rock lobster, Spanish mackerel, or pearl shell using a boat over 6 metres must obtain the necessary licence as specified. Failure to secure a valid licence for these activities will result in non-compliance with the Act. This requirement ensures that all fishing activities within these specific areas are properly regulated and monitored. The Act imposes significant obligations on those subject to its provisions. Primarily, these obligations revolve around ensuring that all fishing activities within the specified areas are conducted in accordance with the licensing requirements. For example, fishers must ensure that they possess a valid licence before engaging in any fishing of rock lobster, Spanish mackerel, or pearl shell using boats longer than 6 metres. Furthermore, the Act requires that all fishing activities are conducted in a manner that does not contravene the terms of the licence or any other relevant provisions of the Act. Non-compliance with these obligations may result in various consequences, including enforcement actions by relevant authorities. Breaches of the Act’s provisions, particularly the failure to obtain the required licence for specified fishing activities, can lead to both civil and criminal consequences. Under the Torres Strait Fisheries Act 1984, unauthorised fishing activities may result in penalties as prescribed by the Act. The specific penalties for breaches are not detailed in this particular legislative instrument but generally, they may include fines and potential imprisonment. The severity of the penalty often depends on the nature and extent of the breach, and it is the responsibility of the enforcement authorities to determine the appropriate sanctions in accordance with the Act and relevant regulations.