Fisheries Act 1973

Overview

The Fisheries Act 1973 was enacted by the Parliament of Australia to provide a comprehensive legal framework for the regulation of fishing activities within Australian waters, including the management of fish stocks and the protection of marine environments. This Act was designed to address the need for a unified regulatory approach to fisheries management, encompassing both Commonwealth and territorial waters, and to provide a basis for licensing and enforcement activities. The policy objective of the Act was to ensure the sustainable use of marine resources, protect fish stocks, and manage fishing activities in a manner that balances economic, social, and environmental interests. The Act also aimed to provide for the orderly administration of fisheries, including the issuance of licences, the imposition of penalties for violations, and the establishment of procedures for the investigation and prosecution of offences.

Scope and Application

The Fisheries Act 1973 applies to the regulation of fishing activities in certain Australian waters, which include proclaimed waters and the declared fishing zone. It applies to both natural persons and companies, particularly those who are residents of or incorporated in Australia or an external Territory. The Act also applies to the operation of boats, both Australian and foreign, and their use for fishing activities within the specified waters. The Act permits the Secretary or the Minister to delegate certain powers and functions under the Act, subject to certain conditions and restrictions. The Act's provisions extend to national waters, including those within the territorial limits of Australia, and it includes specific provisions for external Territories such as Papua New Guinea, the Territory of Christmas Island, and the Territory of Cocos (Keeling) Islands. The Act does not apply to traditional fishing activities carried out by indigenous inhabitants of an external Territory in accordance with their traditions. The Act may be further extended or restricted by subordinate regulations.

Key Provisions

• The Fisheries Act 1973 (the "Act") primarily governs fishing activities within Australian waters, including the regulation and licensing of fishing activities, and the establishment of offences and penalties for breaches. The Act is divided into several sections, each addressing specific aspects of fisheries regulation and administration.
• Sections 1 to 3 of the Act establish the title, citation, and commencement of the Act, and repeal and amend the previous Fisheries Act 1952-1970 (the "Principal Act"). The Act comes into effect in stages, with certain sections taking effect upon Royal Assent, and the remaining sections effective from a date to be fixed by Proclamation.
• Sections 4 to 9 focus on definitions, administration, and the regulation of fishing activities. Section 4 amends the definitions in the Principal Act to clarify terms such as "Australian boat," "fishing," "foreign boat," "officer," "processing," and "traditional fishing." Section 5 repeals Part II of the Principal Act and replaces it with provisions governing the Secretary and their delegates, who are subject to the Minister's directions. Section 6a outlines the delegation of powers and functions under the Act, while Section 6 governs the regulation of fishing activities within proclaimed waters, including prohibitions on certain types of fishing, equipment, and trans-shipment of fish. Section 7 repeals and replaces Section 9 of the Principal Act, detailing the various types of licences that may be granted for fishing activities, and the conditions and duration of such licences.
• The Act imposes several obligations and requirements on the parties and entities it governs. Licences are required for engaging in fishing activities within proclaimed waters, and certain types of fishing activities are prohibited unless authorised by a licence or endorsement. The Minister or Secretary may cancel or suspend a licence if there has been a contravention or failure to comply with a condition of the licence, or if the licence holder has been convicted of an offence under the Act or other relevant laws. Licences must be in accordance with a form approved by the Minister of State for Primary Industry, and fees may be payable for the grant, endorsement, or transfer of a licence.
• Sections 10 to 14 outline offences and penalties for breaches of the Act, as well as the jurisdiction of courts and the admissibility of evidence. Section 13 sets out various offences, including engaging in fishing activities without a licence, using a boat for fishing without a licence, contravening the conditions of a licence, and obstructing officers. Penalties for these offences include fines and imprisonment, with maximum penalties varying depending on the offence. Forfeiture of boats, equipment, and fish may also occur in certain circumstances. Section 14a imposes liability on the master or person in charge of a boat on which an offence is committed, and Section 15 governs the jurisdiction of courts and the admissibility of evidence in proceedings under the Act.
• The Act also includes provisions for the payment of certain amounts to the Administrations of certain Territories (Section 16), the making of regulations for the purposes of the Act (Section 17), and formal amendments to the Principal Act (Sections 18 and 19). The Act's Schedule outlines the formal amendments to be made to the Principal Act upon the commencement of the Fisheries Act 1973.
• In summary, the Fisheries Act 1973 establishes a comprehensive framework for the regulation and administration of fishing activities within Australian waters. The Act imposes obligations and requirements on licence holders, and sets out offences, penalties, and consequences for breaches. The Act also governs the jurisdiction of courts and the admissibility of evidence in proceedings under the Act.

Legal classification tags

Area of Law

Environmental Law

Fisheries Law

Instrument

Act

Concepts

Definitions & Interpretation

Licences

Reporting & Disclosure Obligations

Offence Provisions

Enforcement Powers

Regulatory Standards