Fisheries Act 1968

Overview

The Fisheries Act 1968 was enacted to amend the Fisheries Act 1952–1967, addressing certain gaps and updating the legal framework governing fisheries management in Australia. This Act was introduced to provide a more comprehensive definition of "fish" to include turtles, dugong, crustacea, and molluscs, while explicitly excluding certain species of whales and sedentary organisms defined under the Continental Shelf (Living Natural Resources) Act 1968. The enactment of this Act by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives aimed to ensure that the legislation aligns with contemporary fisheries management needs and the evolving understanding of marine life. The primary policy objective was to refine the scope of the Fisheries Act to better accommodate changes in marine biodiversity and management practices.

Scope and Application

The Fisheries Act 1968 applies to the management and regulation of fishing activities within Australian waters, amending the definition of "fish" under the Principal Act to include turtles, dugong, crustacea, and molluscs, while excluding species of whales and sedentary organisms as defined in the Continental Shelf (Living Natural Resources) Act 1968. This Act applies to individuals and entities involved in fishing activities, as well as to the conduct and transactions related to fishing within Commonwealth waters, except for the Territory of Ashmore and Cartier Islands. The Act extends its jurisdiction to all fishing activities occurring within the specified geographical boundaries, subject to the exclusions noted. Additionally, certain provisions of the Act, specifically sub-section (1.) of section 3, will come into effect upon the commencement of the Continental Shelf (Living Natural Resources) Act 1968. The application of the Act may also be extended or restricted through subordinate instruments, which allow for further refinement and specification of its provisions.

Key Provisions

The Fisheries Act 1968 amends section 4 of the Fisheries Act 1952–1967 by updating the definition of "fish" to include turtles and dugong, and to specify that it includes crustacea and molluscs, unless they are sedentary organisms as defined by the Continental Shelf (Living Natural Resources) Act 1968 (section 3(1)). Additionally, it excludes any species of whales from the definition of fish (section 3(1)). The Act also revises the definition of "the Minister" by excluding the Minister of State for Territories and including the Minister of State for External Territories (section 3(2)). The Act comes into operation on the date of Royal Assent, except for section 3(1) which commences when the Continental Shelf (Living Natural Resources) Act 1968 comes into operation (section 2). The Act imposes specific obligations on those engaged in fishing activities by broadening the scope of what constitutes "fish" under the Fisheries Act 1952–1967. Fishers must now comply with regulations and licensing requirements for turtles, dugong, crustacea, and molluscs, while excluding whales from their operations. This change necessitates that fishers review their practices and ensure that they are not inadvertently capturing or harming excluded species, such as whales, while targeting permitted species. Additionally, the change in the definition of "the Minister" means that certain administrative and regulatory responsibilities are now the purview of the Minister of State for External Territories rather than the Minister of State for Territories. Failure to comply with the amended provisions of the Fisheries Act 1968 may result in civil or criminal penalties. For instance, unauthorised fishing activities involving protected species such as turtles, dugong, or whales could lead to fines or imprisonment as stipulated by the Principal Act. The specific penalties would depend on the severity of the breach and could include substantial fines and/or imprisonment terms. The exact penalties are detailed in the Fisheries Act 1952–1967, which continues to apply unless otherwise modified by subsequent legislation.