EXPLANATORY STATEMENT
Issued by the Parliamentary Secretary for Agriculture, Fisheries and Forestry
Fisheries Management Act 1991
Fisheries Management (Excepted Waters) Proclamation 2011
Section 11 of the Fisheries Management Act 1991 (the Act) provides that the Governor‑General may make proclamations about waters that would be excepted from the jurisdiction of the Act.
The Proclamation excludes two maritime areas in the Torres Strait and the Australian Antarctic Territory. These two areas are administered by other legislation, the Torres Strait Fisheries Act 1984 and the Antarctic Marine Living Resources Conservation Act 1981 respectively.
The Proclamation relates to two of the maritime areas outlined in the 1992 Excepted Waters Proclamation; the other areas are now redundant or covered in the Seas and Submerged Lands (Limits of Continental Shelf in the Tasman Sea and South Pacific Ocean) Proclamation 2005. The 1992 Excepted Waters Proclamation was repealed by the Legislative Instruments Act 2003 as it was not registered on Federal Register of Legislative Instruments before the closing date. The Proclamation is similar to the repealed 1992 Excepted Waters Proclamation.
Consultation
The preparation of the Proclamation included full consultation with the Australian Fisheries Management Authority, the Attorney-General’s Department and Geoscience Australia. Legal advice regarding the necessity of the Proclamation was also sought from the Australian Government Solicitor. The Office of Best Practice Regulation was consulted and a regulation impact statement is not required (2010/12111).
The Proclamation
Details of the Proclamation are set out below:
Section 1 provides for the Proclamation to be cited as the Fisheries Management (Excepted Waters) Proclamation 2011.
Section 2 provides that the Proclamation commenced on the day after it was registered on the Federal Register of Legislative Instruments.
Section 3 provides the interpretation of technical terms in the Proclamation:
- AGD66 means the Australian Geodetic Datum 1966, which is the reference point used for coordinate system in the 1992 Excepted Waters Proclamation;
- nautical mile means the international nautical mile, measuring 1 852 metres;
- Treaty means the Treaty between Australian and the Independent State of Papua New Guinea concerning Sovereignty and Maritime Boundaries in the area between the two Countries, including the area known as Torres Strait, and Related Matters, done at Sydney on 18 December 1978;
- WGS84 means the World Geodetic System 1984, which is the reference measurement point for the coordinates defined in the Proclamation;
Section 4 provides a description of the line, the graphic coordinates and the authority of the points.
Subsection 4(1) provides a description of the line delineated by the Protected Zone and Fisheries Jurisdiction Line defined under the Torres Strait Treaty in Annex 9 and 8 respectively.
Subsection 4(2) provides that Part 1 of Schedule 1 describes the geographic references in terms of WGS84 and specifies the data sets are an authoritative transformation between AGD66 and WGS84.
Subsection 4 (3) provides that the proclamation can be relied on as evidence in a legal proceeding.
Section 5 provides a description of the excepted waters in the Australian Antarctic Territory.
Section 6 provides a guide to reading the tabled geodetic data of Part 1 of Schedule 1, including the associated information with each point and the layout of columns and international treaty references within Schedule 1.
Schedule 1 Part 1 are the specific geographic references for the Torres Strait.
Schedule 1 Part 2 provides an illustrated diagram of the excepted waters in the Torres Strait. The purpose of the diagram is to provide a general illustration only. The diagram itself is not a certified map. Certified maps or charts of the area can be made available by contacting Geoscience Australia.
Overview
The Fisheries Management (Excepted Waters) Proclamation 2011 was enacted to address the need for excluding certain maritime areas from the jurisdiction of the Fisheries Management Act 1991. Specifically, this legislation excludes two maritime areas in the Torres Strait and the Australian Antarctic Territory, which are managed under other federal laws, namely the Torres Strait Fisheries Act 1984 and the Antarctic Marine Living Resources Conservation Act 1981 respectively. The Proclamation was introduced following the repeal of the 1992 Excepted Waters Proclamation, which had itself excluded maritime areas but was repealed due to non-registration under the Legislative Instruments Act 2003. The policy objective of the Proclamation is to clarify jurisdictional boundaries and ensure the proper application of fisheries management laws by excluding areas already governed by other legislation. The Proclamation was developed through consultation with relevant authorities, including the Australian Fisheries Management Authority, the Attorney-General’s Department, and Geoscience Australia, and it incorporates technical definitions and geographic references to delineate the excepted waters accurately.
Scope and Application
The Fisheries Management (Excepted Waters) Proclamation 2011 applies to maritime areas in the Torres Strait and the Australian Antarctic Territory, exempting these regions from the jurisdiction of the Fisheries Management Act 1991. This exemption is due to these areas being governed by other specific legislation, namely the Torres Strait Fisheries Act 1984 for the Torres Strait and the Antarctic Marine Living Resources Conservation Act 1981 for the Australian Antarctic Territory. The Proclamation is designed to clarify the geographic boundaries of these excepted waters, ensuring that the jurisdictional gaps left by the repealed 1992 Excepted Waters Proclamation are appropriately addressed. The Proclamation, which came into effect on the day after its registration on the Federal Register of Legislative Instruments, specifies technical terms such as "nautical mile" and "WGS84" to provide precise geographic references. This legal instrument ensures that the waters excepted from the Fisheries Management Act 1991 are clearly defined, facilitating compliance and enforcement of fisheries management within the applicable legislative frameworks.
Key Provisions
The Fisheries Management (Excepted Waters) Proclamation 2011 (Proclamation) is a legislative instrument made under Section 11 of the Fisheries Management Act 1991 (the Act) that excludes certain maritime areas from the jurisdiction of the Act. The Proclamation specifically removes two maritime areas from the purview of the Fisheries Management Act: the waters in the Torres Strait and those in the Australian Antarctic Territory (Section 4 and Section 5). These areas are instead governed by other specific legislation: the Torres Strait Fisheries Act 1984 and the Antarctic Marine Living Resources Conservation Act 1981, respectively. This exclusion is necessary because these regions are subject to different jurisdictional and regulatory frameworks that are more appropriately managed by other statutes.
The Proclamation imposes obligations on parties and entities within the maritime areas it governs. For instance, it mandates that any activities or operations within the excepted waters adhere to the regulations set forth by the Torres Strait Fisheries Act 1984 or the Antarctic Marine Living Resources Conservation Act 1981, as applicable. This ensures that the activities in these areas are managed in accordance with specific legislative requirements designed to protect the unique ecological and socio-economic conditions of these regions. Additionally, the Proclamation provides for the interpretation of technical terms used within the document, such as "nautical mile" and "WGS84," to ensure clarity and consistency in its application (Section 3).
Failure to comply with the provisions of the Proclamation could lead to legal consequences. While the Proclamation itself does not explicitly outline specific offences or penalties, breaches of the regulations under the Torres Strait Fisheries Act 1984 or the Antarctic Marine Living Resources Conservation Act 1981 could result in penalties as stipulated by those respective Acts. For example, violations under the Torres Strait Fisheries Act 1984 might incur fines and other civil penalties, while serious offences could result in criminal charges. Similarly, breaches of the Antarctic Marine Living Resources Conservation Act 1981 might lead to substantial fines and, in severe cases, imprisonment. These consequences underscore the importance of adhering to the specific regulations governing activities in the excepted waters.