Overview

The Norfolk Island Fish (Export Control) Act 1984 was enacted by the Legislative Assembly of Norfolk Island to address the problem of the unsustainable exportation of certain fish species from the island, specifically Trumpeter, Groper, and Schnapper. The policy objective of the Act is to control and regulate the export of these prescribed fish to prevent depletion of local fish stocks and maintain ecological balance. Under this Act, any person found exporting these fish without the necessary permits is subject to penalties, and the exported fish may be forfeited and seized by authorities. Exceptions to this prohibition include the exportation of a prescribed quantity of fish by departing individuals and the exportation of fish described in a permit for scientific or similar purposes. The Act also provides the Administrator with the authority to create regulations to further enforce and detail the provisions of this Act.

Scope and Application

The Fish (Export Control) Act 1984 is legislation enacted by the Legislative Assembly of Norfolk Island to regulate the exportation of certain fish species from the island. The Act applies to any person found to be exporting specified fish, commonly known as Trumpeter (Lethrinus chrysostomus), Groper (Promicrops lanceolatus), or Schnapper (Chrysophrys auratus), whether alive or dead, and whether treated or untreated, or any part of those fish. The Act's jurisdiction is limited to Norfolk Island and does not extend beyond its boundaries. The Act prohibits the exportation of the prescribed fish, with a penalty of 20 penalty units for violations. The Act also stipulates that any fish exported in contravention of this provision are forfeited to the Administration and may be seized by the Collector of Customs or a member of the Police Force. However, the Act does not apply to fish exported by a person departing Norfolk Island if the quantity does not exceed a prescribed amount, or to fish intended for scientific purposes or other like purposes and described in a permit issued under the Plant and Fruit Diseases Act 1959. The Act allows for the creation of regulations that prescribe penalties not exceeding 10 penalty units for offences against the regulations.

Key Provisions

The Fish (Export Control) Act 1984 (section 3(1)) prohibits any person from exporting prescribed fish. The term "prescribed fish" includes Trumpeter, Groper, and Schnapper, whether alive or dead, and whether treated or untreated. This prohibition applies to all forms of these fish, including parts thereof. The primary objective of this legislation is to maintain control over the exportation of these specific fish species to safeguard the ecological balance and ensure sustainable management. The Act also outlines exceptions to this prohibition. Fish that do not exceed the prescribed quantity and are exported by a person departing from Norfolk Island are exempt from this control (section 3(2)(a)). Furthermore, fish that are described in a permit issued by an Inspector under the Plant and Fruit Diseases Act 1959 and are intended for scientific purposes or similar uses after exportation are also exempt (section 3(2)(b)). These exceptions are intended to facilitate certain legitimate activities while maintaining overall export restrictions. Under the Act, any person who contravenes the prohibition on exporting prescribed fish is subject to a penalty of 20 penalty units (section 3(1)). Additionally, any fish that are exported or attempted to be exported in contravention of this section are forfeited to the Administration and may be seized by the Collector of Customs or a member of the Police Force (section 3(2)). These measures are in place to deter non-compliance and enforce the Act effectively. The Administrator has the authority to make Regulations under the Act, which may include prescribing penalties not exceeding 10 penalty units for offences against these Regulations (section 4). These regulations are intended to provide detailed guidance and ensure the Act is implemented effectively. The Act aims to provide a comprehensive framework for controlling the exportation of prescribed fish, ensuring compliance and protecting the ecological interests of Norfolk Island.