Declaration under section 17 - licence requirement for community prawn fishing

Overview

The Torres Strait Fisheries Act 1984 was enacted by the Commonwealth Parliament to manage and regulate fishing activities in the Torres Strait, particularly concerning the prawn fishery. This legislation was introduced to address the need for sustainable management of the region's fisheries resources, ensuring that fishing practices did not adversely impact the ecological balance and the livelihoods of local communities. The overarching policy objective of the Act is to provide a framework for the equitable and sustainable use of the fisheries resources within the Torres Strait. The 1987 declaration under Section 17 of the Act by the Protected Zone Joint Authority further exemplifies the commitment to regulating and licensing specific fishing activities, ensuring that community fishing for prawns is conducted in a manner that aligns with the sustainability goals set by the legislation.

Scope and Application

The Torres Strait Fisheries Act 1984, as supplemented by the declaration under section 17, mandates that a licence is required for the taking of prawns during community fishing activities in the designated prawn fishery area, using any boat. This Act applies to individuals and entities engaged in community fishing within the specified area, thereby regulating their conduct and transactions related to prawn fishing. The geographical scope of the Act extends to the Torres Strait, encompassing the maritime jurisdiction over the area governed by the Commonwealth of Australia. The Act’s application is confined to the prawn fishery area, as delineated by the Protected Zone Joint Authority, and excludes other fishing activities or areas not specified within the Torres Strait. The declaration under section 17 does not introduce any additional exclusions or thresholds beyond what is stipulated in the principal Act. However, the application and enforcement of the Act may be further detailed or extended through subordinate instruments, which provide specific operational guidelines or regulatory measures to support the overarching objectives of the legislation.

Key Provisions

The Torres Strait Fisheries Act 1984, as amended, includes a declaration under section 17, which specifies the requirement for a licence for taking prawns in the prawn fishery area during community fishing activities (s. 17(1)). This licence requirement is made pursuant to the powers conferred by section 35(1)(a) of the Act (s. 35(1)(a)). The declaration, dated 24th August 1987, was made by John Kerin on behalf of the Protected Zone Joint Authority (s. 17). It mandates that any boat used for community fishing must be licensed to take prawns from the designated area (s. 19(2)). Entities and individuals engaged in community fishing within the prawn fishery area are obligated to obtain a licence as per section 17 of the Act. This licence ensures that all prawn fishing activities in the designated area are conducted in accordance with the regulatory framework established by the Act (s. 17). The Protected Zone Joint Authority has the responsibility to administer and enforce these licensing requirements, ensuring compliance by all parties involved in community fishing operations (s. 35(1)(a)). The Torres Strait Fisheries Act 1984 imposes penalties for non-compliance with its provisions. Engaging in prawn fishing within the designated area without a valid licence is an offence under the Act (s. 19(2)). Penalties for such breaches may include fines and, in severe cases, criminal charges. The maximum penalties are not explicitly stated in the legislative instrument but are typically outlined in the relevant sections of the Act, which may include fines up to a certain monetary limit or imprisonment for a specified duration (s. 19(2)). The Act also allows for civil remedies, including injunctions and compensation, for any harm caused by non-compliance (s. 19(2)).