Fisheries Act 1952

Overview

The Fisheries Act 1952 was enacted to provide a legal framework for the regulation of fisheries in certain Australian waters, addressing the need for comprehensive management and conservation of marine resources within the nation's jurisdiction. The Act was enacted by the Parliament of the Commonwealth of Australia, with the policy objective of ensuring the sustainable use of fisheries through proper regulation and administration. The Act extends to all Australian waters and includes provisions for the administration, regulation, and research of fisheries. It empowers the Minister and the Secretary to make regulations and proclamations necessary for the effective management of fisheries, including the ability to prohibit fishing activities in certain areas and impose licensing requirements for those who wish to engage in fishing activities within proclaimed waters. This legislative framework was designed to address the growing need for effective management and conservation of Australia's marine resources, ensuring their sustainable use for future generations.

Scope and Application

The Fisheries Act 1952 applies comprehensively to all Australian waters, including those beyond territorial limits and within territorial limits of Australian Territories. The Act extends to the regulation of fisheries within these waters, governing the conduct of individuals and entities involved in fishing activities. It mandates licensing and registration for fishermen and their equipment, such as boats, nets, and traps, and sets out the powers of officers to enforce compliance with the Act. The Act also provides for the prohibition of certain fishing activities in specified waters to protect fish stocks and ensure sustainable fishing practices. The Act’s reach is reinforced through subordinate regulations that can prescribe penalties, navigation rules, and other necessary measures for effective administration and enforcement. The Act does not apply to certain marine species, including whales, pearl shell, trochus, bêche-de-mer, and green snail, which are excluded from its definition of fish. The Act empowers the Minister and the Secretary to delegate their functions to other authorities, facilitating broader implementation and enforcement across different jurisdictions and waters.

Key Provisions

• The Fisheries Act 1952 provides a comprehensive framework for the regulation of fisheries in Australian waters. Section 1 allows the Act to be cited as the Fisheries Act 1952, while Section 2 states that the Act will come into operation on a date to be fixed by Proclamation. The Act is divided into several parts, including preliminary provisions, administration, regulation of fisheries, research and development, and miscellaneous provisions.
• Under Part III, Regulation of Fisheries, Section 7 allows the Governor-General to declare certain Australian waters as proclaimed waters for the purposes of this Act, which are subject to the regulations outlined within the Act. Section 8 provides the Minister with the authority to prohibit the taking of fish or fish of a particular species in proclaimed waters or areas thereof, either at all times or during a specified period, and to prohibit the use of specific methods or equipment for taking fish. These prohibitions can be accompanied by exemptions as deemed appropriate.
• Licences and registration are addressed in Section 9, which empowers the Secretary or a prescribed authority to grant licences to individuals for taking fish in proclaimed waters or areas thereof, as well as licences for boats used in fishing activities in proclaimed waters. The Secretary or prescribed authority can also grant registration for nets, traps, and other equipment used in fishing activities in proclaimed waters, with the ability to issue certificates of registration. These licences and registrations are subject to specified conditions and fees, and can be transferred, cancelled, or renewed as necessary.
• Officers are granted various powers under Section 10, including the ability to board and search boats, examine fishing equipment, seize and detain fish, boats, nets, traps, and equipment believed to be used in contravention of the Act, and arrest individuals suspected of committing offences under the Act. Officers can also require boat masters or other individuals to provide information and produce licences, and require individuals engaged in fishing to provide personal information and produce their fishing licences.
• Part V of the Act addresses offences and penalties, with Section 13 outlining the prohibitions and associated penalties for various violations, including engaging in fishing without a licence, using unlicensed or unregistered equipment, contravening licence or registration conditions, and contravening a notice issued under Section 8. The maximum penalty for these offences is five hundred pounds and, if ordered by the court, the forfeiture of any equipment or fish used in the commission of the offence.
• Section 14 outlines additional prohibitions and penalties for obstructing officers, providing false or misleading information, using abusive language, assaulting or obstructing officers, impersonating an officer, or making false statements in applications under the Act. The maximum penalty for these offences is also five hundred pounds.
• Jurisdiction over offences against the Act or its regulations is conferred on courts of summary jurisdiction in the States and Territories under Section 15, with the understanding that this does not affect the jurisdiction vested in other courts by the Judiciary Act 1903 or any other Act. Section 16 states that in proceedings for an offence against the Act or its regulations, the prosecutor's averment that an act was done for trading or manufacturing purposes is prima facie evidence of the matter so averred.
• Lastly, the Governor-General is empowered under Section 17 to make regulations, not inconsistent with the Act, to prescribe all matters which are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act. This includes prescribing penalties, signals and rules of navigation, marking of boats, sale or disposal of unclaimed fishing equipment, regulation of fishing rights and rules, and the furnishing of statistics related to fishing activities and fish sales.

Legal classification tags

Area of Law

Environmental Law

Instrument

Act

Concepts

Definitions & Interpretation

Licences & Registration

Reporting & Disclosure Obligations

Enforcement Powers

Offence Provisions